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HomeMy WebLinkAbout05.E- Community Development ORDINANCE (ID #3065) DOC ID: 3065 B ,A^ CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 05/05/2014 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): All Subject: Ordinance of the City of San Bernardino Adopting Development Code Amendment (Zoning Map Amendment) 14-11, a City-Initiated Request to Amend Development Code Chapter 19.19A and the City's Zoning Map to Remove Certain Parcels Located Along West Baseline Street and West 5Th Street from the Transit District (TD) Overlay and to Add Certain Parcels Located Along the West Side of"G" Street, South of Columbia Way to the TD Overlay. (#3065) (FINAL READING) Current Business Registration Certificate: Not Applicable Financial Impact: There will be no direct impact to the General Fund. Motion: Adopt the Ordinance. Synopsis of Previous Council Action: ' July 2012 - the Mayor and Common Council approved San Bernardino Development Code (SBDC) Chapter 19.19A, the standards and design guidelines for the TD Overlay. Background: On March 19, 2014, the Planning Commission recommended that Mayor and Common Council approve Development Code Amendment (Zoning Map Amendment) 14-11, a City-initiated request to amend Development Code Chapter 19.19A and the City's Zoning Map to remove certain parcels located along West Baseline Street and West 5th Street from the Transit District (TD) Overlay and to add certain parcels located along the west side of "G" Street, south of Columbia Way to the Transit District Overlay. Project Description: In July 2012,the City approved the Transit District(TD) Overlay. The purpose of the Overlay is to implement the City's General Plan policies regarding encouraging a wide variety of high- quality transit-oriented development within close proximity to the new sbX (and future Redlands Rail) transit stations. Such development is to encourage walkable, pedestrian-scaled development,rather than typical auto-oriented uses. Due to the fact that the TD Overlay was recently approved and therefore, has not been "tested" with new development or redeveloped properties in the TD Overlay areas, staff believes that under most circumstances,the TD Overlay areas should be left intact,per Council direction,until actual development occurs. However, staff recognizes that some fine-tuning of the various Updated:4/22/2014 by Linda Sutherland B I Packet Pg. 39 I 3065 Overlay boundaries may be warranted, as long as the integrity of the TD Overlay areas is maintained. To ensure the integrity of the TD Overlay is met, staff has initiated this amendment. Staff has received two requests to amend the fringes of the TD Overlay areas in Wards 1 and 2, to develop/redevelop properties in close proximity to the I-215 right-of-way and therefore, remove these properties from the TD Overlay. Simultaneously, Loma Linda University has requested that the site of their proposed downtown San Bernardino training and research facility, to be located along the west side of"G" Street, south of Columbia Way (Ward 3), be added to the TD Overlay, as the University's project site is located immediately west of the TD Overlay and they expect many of their students, employees and customers will use transit to access the site. Background: • July 2012 - the Mayor and Common Council approved San Bernardino Development Code(SBDC) Chapter 19.19A,the standards and design guidelines for the TD Overlay • March 3, 2014 - A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on March 6, 2014, advertising the upcoming March 19, 2014 Planning Commission hearing on DCA 14-11. • March 6, 2014 - a Public Hearing Notice was mailed to the individual property owners whose properties would be directly impacted by DCA 14-11, advising them of the upcoming March 19, 2014 Planning Commission hearing of DCA 14-11. • March 13, 2014 - The Development/Environmental Review Committee (D/ERC) reviewed the request for DCA 14-11. • March 18, 2014 - the Legislative Review Committee (LRC) reviewed the request for DCA 14-11. Analysis: As noted above, staff received a request to redevelop an existing gas station and restaurant into a modern gas station with accessory restaurant space and a convenience store on the site located at 799 W. Baseline. Additionally, staff received a separate request by Ran Torkan to redevelop the gas station existing at the northeast corner of "H" and Fifth Streets with a new, modern gas station, and to redevelop the properties on the north side of Fifth Street, between "G" and "H" Streets with a new pharmacy with drive-thru and a sit-down restaurant. Auto-oriented uses, including gas stations and drive-thrus, are not permitted in the TD Overlay. Therefore, to accommodate the uses proposed on 5th Street and Baseline Street, the properties would need to be removed from the TD Overlay. As an alternative, the TD Overlay could be amended to allow such auto-oriented uses; however, that would be contrary to the purpose of the Overlay, summarized above. Since the two properties upon which the modernized gas stations are proposed are located in close proximity to the new I-215 Freeway off-ramps and will provide services to passersby on the freeway and can also then draw people off the freeway further into the City to patronize other businesses, staff recommends removal of seven parcels along the south side of Baseline Street (four to the west of"H" Street and three to the east of"H" Street) and the four properties along Updated:4/22/2014 by Linda Sutherland B Packet Pg.40 5.E 3065 the north side of Orange Street west of"H" Street, and the properties located from the northwest and southwest corners of Fifth and "G" Streets to the freeway (this also includes the new In-N- Out restaurant, which is currently considered a legal non-conforming use, due to its drive-thru operation in the TD Overlay). Mr. Torkan's request also includes removing the properties along the north and south sides of Fifth Street, between "G" and "H" Streets, to allow construction of a pharmacy with drive-thru and a sit down restaurant on the north side of the street, and increase the development opportunities on the parcels owned by the Successor Agency located along the south side of the street. A sit-down restaurant is permitted in the TD Overlay, as are pharmacies without drive- thrus. However, as noted above, a drive-thru is not a permitted use in the TD Overlay. Mr. Torkan indicates that new pharmacies typically now have drive-thru windows. Simultaneously, Loma Linda University has plans to move forward with constructing a state-of- the-art clinic,training, and research facility on the vacant land located along the west side of"G" Street and south of Columbia Street. This building will be a focal point to the Downtown area when complete. The property is zoned Central City South (CCS-1), which limits the height of building to two stories, unless a Conditional Use Permit is granted for additional floors. Loma Linda University is seeking to build a three or four story facility. Additionally, they are seeking to minimize surface parking. The site is located immediately west of the TD Overlay, and within walking distance of the soon-to-be-constructed San Bernardino Transit Center. The University anticipates users of the facility will take advantage of the adjacent transit. Therefore, they are requesting to be added to the TD Overlay to allow the additional building height and parking reductions (a specific parking ratio is not available at this time, since the actual size of the building has not yet been determined). Inasmuch as this appears to be the type of facility encouraged by the TD Overlay, staff recommends the Loma Linda University parcels be added to the TD Overlay. The net result of the requested action would be to amend the Zoning Map and Figures 6, 9 and 10 of San Bernardino Development Code Chapter 19.19A (TD Zone) to reflect the addition or removal of the subject parcels. FINDINGS OF FACT The proposed amendment is consistent with the General Plan. The proposal is to amend the boundaries of the TD Overlay in certain areas. The General Plan Land Use Map designates the TD Overlay areas as nodes with no specific boundaries. Additionally, the underlying zoning and land use designations will not be affected. Therefore, the proposed amendment will continue to be consistent with the General Plan. The amendment is also consistent with the following General Plan policy: Policy 2.2.1, which calls for compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. The amendment will result in allowing Updated:4/22/2014 by Linda Sutherland B -= 3065 developers to modernize and improve the quality of design of certain properties located adjacent to, or near the I-215 freeway right-of-way. Currently, the TD Overlay prohibits such modernization of these uses and therefore, the properties remain underperforming and/or blighted and abandoned. Additionally, adding the properties controlled by Loma Linda University into the TD Overlay will provide the University with additional flexibility to meet the City's development standards and design a high-quality project that will be a visual key to the entrance to the City's Downtown area. Thus, the Amendment will be consistent with this policy. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendment will remove several parcels from the TD Overlay and add several others to the Overlay. However, the underlying development standards of those parcels being removed will not change. Further, the Amendments will enable the development/redevelopment of underperforming and blighted parcels with new, high- quality development that will benefit the public interest, health, safety, convenience and welfare of the City,rather than be detrimental to it. 3. The proposed amendment will maintain the appropriate balance of land uses in the City. The proposed amendment will not change the underlying land uses or zoning of the subject properties and therefore, the balance of land uses in the City will not be affected by this amendment. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Development Code Amendment is exempt from CEQA pursuant to 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. Conclusion: Staff believes the proposed project satisfies all Findings of Fact for approval of Development Code Amendment/Zoning Map Amendment 14-11. Recommendation: Close the hearing; and lay over Ordinance for final adoption. City Attorney Review: Supporting Documents: Ord 3065 (PDF) Exhibit A-Proposed Chapterl9.19A Figures (PDF) ARN Exhbit B -Proposed Zoning Maps (PDF) Attachment 1 PC SR (PDF) Viv Updated:4/22/2014 by Linda Sutherland B Packet Pg. 42 5.E 3065 Attachment 2 PC 03.19.2014 Minutes (PDF) Attachment 3 DCA display ads (DOC) Updated:4/22/2014 by Linda Sutherland B Packet Pg.43 I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-11, A 3 CITY-INITIATED REQUEST TO AMEND DEVELOPMENT CODE CHAPTER 19.19A AND THE CITY'S ZONING MAP TO REMOVE CERTAIN PARCELS 4 LOCATED ALONG WEST BASELINE STREET AND WEST 5TH STREET FROM 5 THE TRANSIT DISTRICT (TD) OVERLAY AND TO ADD CERTAIN PARCELS LOCATED ALONG THE WEST SIDE OF "G" STREET, SOUTH OF COLUMBIA 6 WAY TO THE TD OVERLAY. 7 WHEREAS,the current Development Code was initially adopted in 1991; and 8 WHEREAS, the current General Plan was initially adopted in 2005; and E 9 WHEREAS, on March 19, 2014, the PIanning Commission of the City of San E 10 Bernardino held a noticed public hearing to consider public testimony and the staff report a 11 recommending approval of Development Code Amendment (Zoning Map Amendment) 12 DCA/ZMA 14-11, and recommended approval of DCA/ZMA 14-11 to the Mayor and 0 0 13 Common Council; and ~ 14 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of DCA/ZMA 14-11 at the April 21, 2014 Council Meeting was published in 0 15 The Sun newspaper on April 10,2014. ,i; 16 `° 0 M 17 Ln NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE o M 18 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 0 19 20 SECTION 1. The Mayor and Common Council find that the above-stated Recitals a 21 are true and hereby adopt and incorporate them herein. a 22 SECTION 2. Findings of Fact. 23 24 1. The proposed amendment will be consistent with the General Policy 2.2.1, which 25 calls for compatibility between land uses and quality design through adherence to the 26 standards and regulations in the Development Code and policies and guidelines in the 27 Community Design Element. The amendment will result in allowing developers to 28 modernize and improve the quality of design of certain properties located adjacent to, or 1 Packet Pg.44 I near the 1-215 freeway right-of-way. The TD Overlay prohibits such modernization of these 2 uses and therefore, the properties remain underperforming and/or blighted and abandoned. 3 Adding the properties controlled by Loma Linda University into the TD Overlay will provide the University with additional flexibility to meet the City's development standards 4 and design a high-quality project that will be a visual key to the entrance to the City's 5 Downtown area. Thus, the amendment will be consistent with this policy. 6 7 2. The proposed amendment will remove several parcels from the TD Overlay and add 8 several others to the Overlay. However, the underlying development standards of those 9 parcels being removed will not change. Further, the amendments will enable the E 1U development/redevelopment of underperforming and blighted parcels with new, high-quality a development that will benefit the public interest, health, safety, convenience and welfare of 11 L the City, rather than be detrimental to it. > 12 0 13 3 The proposed amendment will not change the underlying land uses or zoning of the r 14 subject properties and therefore, the balance of land uses in the City will not be affected by a 15 this amendment. Ln 16 0 M 17 SECTION 3. Compliance with the California Environmental Quality Act. The Ln 0 18 Mayor and Common Council finds that the proposed Development Code L 19 Amendment/Zoning Map Amendment is exempt from the California Environmental Quality 2® Act (CEQA) pursuant to 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 Y 21 a 22 physical change in the environment. 23 SECTION 4. Development Code Amendment (Zoning Map Amendment) 14-11, 24 attached hereto as Exhibits A and B and incorporated herein by reference, is hereby 25 approved. 26 27 SECTION 5. Severability: if any section, subsection, subdivision, sentence, or 28 clause or phrase in this Ordinance or an art thereof is for an reason held to be p Y p Y 2 Packet Pg.45 I unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 2 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or 3 any part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, 4 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 5 111 6 7 9 10 /// a 11 0 12 13 T 14 a 15 Ln 16 /// o M 17 /// o Ln 18 0 19 E 20 21 IlI a 22 23 Ill 24 25 26 27 111 28 Ill 3 Packet Pg.46 I ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT 2 CODE AMENDMENT (ZONING MAP AMENDMENT) 14-11, A CITY-INITIATED REQUEST TO AMEND DEVELOPMENT CODE CHAPTER 19.19A AND THE CITY'S 3 ZONING MAP TO REMOVE CERTAIN PARCELS LOCATED ALONG WEST BASELINE STREET AND WEST 5T" STREET FROM THE TRANSIT DISTRICT (TD) OVERLAY AND 4 TO ADD CERTAIN PARCELS LOCATED ALONG THE WEST SIDE OF "G" STREET, SOUTH OF COLUMBIA WAY TO THE TD OVERLAY. 5 6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2014, by the following vote to wit: 8 E 9 Council Members: AYES NAYS ABSTAIN ABSENT r 10 a 11 MARQUEZ d 12 BARRIOS o 0 13 VALDIVIA r 14 SHORETT � 15 0 16 NICKEL LO 0 M 17 JOHNSON LO 0 18 MULVIHILL 0 19 20 U 21 Georgeann Hanna, City Clerk a 22 The foregoing Ordinance is hereby approved this day of 23 , 2014. 24 25 R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino 26 GARY D. SAENZ, City Attorney 27 By: 28 4 Packet Pg.47 EXHIBIT A SBDC Chapter 19.19A Figures Figure 6. E Street and Baseline Avenue Transit Station Area (Approved Figure) Shaded Area—Parcels to be removed from TD Overlay. APNs: 0140-011-24, 15, 14, 13, 12, 11, 0140-013-26, 04 and 05. _ d E d iiti, '�i�tn a � t 4 Yr' nton '�j' i 17,th >' d H i I i "i € 4 ❑ 1 5th' �•W`-4-. �� r t5�th M 1 lia Mfg Manoiia= v lagnolia� � 1A � � > � , ❑ .. i 14th 14th L � nib �r ini c Wabash Home_C o_ s N l L BaseUn li a� _ u. Ell S, ng rn 1 - 11th F;---- 11th y CL I t I v OI = iv a m W10th vJ Q I LM t i « l j O RTeple Tem '' p i i r j ( �i. Q V t I Union w h L= i €19t1E 4 i 3 E wl f.iL t Tfdnsit station *•**-Build-to Line i G ` IT (see section 19.19A.040). NOTTOSCA Packet Pg.48 5.E.b EXHIBIT A SBDC Chapter 19.19A Figures Figure 9. E Street and Court Street Transit Station Area (revised with parcels deleted) Shaded Area—Parcels to be remvoed from TD Overlay. APNs: 0134-054-07, 24, 25, and 26, and 0134-093-05, 06, 07, 08, 09 and 48. E C E LLUJ_t X1 11 E a__ n o [MTM ,.7M � o' r _ sTw )i ---- Q to Uj 5731 STH TFA: 2 d 7 3 _ LL t � r Q V _ CL 2ND 2ND o 0 n 0 x to Loki ni { lilt� c B r-•°v°� 1 ace—cow ts.ieansm L V c0 Q Packet Pg.49 EXHIBIT A SBDC Chapter 19.19A Figures Figure 10. E Street and Rialto Avenue Transit Station Area(revised with parcels added) Shaded Area—Parcels to be added to TD Overlay. APNs: 0136-093-21, 0136-09416, 17, and 18. N c d E c 7L_ E 8TH - L Cf o IL 2ND 2NQ_€ _ . E - - a a _ — - RIIAI. ■•ass w + ■ � .,..�.:� � �.::.�. � UL N O a/ fi F r L Q� Q 0 ,... Q O EJ Q ` Mend k 1 wu � Mm"L j @aee.■eci�99,imttia era v �a ETT Q Packet Pg. 50 EXHIBIT B Proposed revisions to TD Overlay—Baseline St. @ N. "H" St. Proposed TD Overlay boundaries with removed parcels outlined in black E 8T W 13TH S� _ Public, FmNl 6 Q i Hal i ICU O ® WBASELINE ST a U r LO low RANGE STy a M LL W ORANGE ST r. q O d Aesda�6al r. S�SUrtan Q R L0 L 1 V E S T 0 L tCSi96Gi� Z p _ O 0. L a m x W E .c a Packet Pg. 51 EXHIBIT B �. Proposed TD Overlay revisions—5t" St. between"G" and"H" Streets Proposed TD Overlay boundaries with removed parcels outlined in black 7u� 4` T ST > r _4 a. E - U `,` R V t - {? > �x W W 5TH ST P ZT a o W KITNGMAN ST LO "c o u T QW 4TH ST W 4TH ST NJ 4TH ST a Wn is Q p$6 r2 C W COURT ST IM 0 0 c O Q a N N O 4Dt1 eT ur o n M Q, O L a m :n x W c as E s a Packet Pg. 52 EXHIBIT B Proposed TD Overlay revisions "G" Street/Columbia Street Proposed TD Overlay boundaries with parcels to be added outlined in black E 6 a. k W CONGRESS C jw E NLERSON_=LN 1 Q #�� W A T H O L S T 13 � W COLUMBI d �1� S > O a W 6 � � N 0 D <____JLVALLE Y ST w G LO CD c; EL DEyS � r ra Y/ H .2 '' mm In,cpd tl. O antra W G 1 L. Z W BIRCH _ Q b LL W OAK ST 1 Q c G O KCT p F 'N t N o 0 a m :n t X W r C d E V r+ Q Packet Pg. 53 5.E.d AGENDA ITEM #4 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment/Zoning Map Amendment No. 14-11 HEARING DATE: March 19, 2014 WARDS: All APPLICANT: N City of San Bernardino Attn.: Tony Stewart, AICP E 300 N. "D" Street San Bernardino, CA 92418 E a (909 387-5357 Stewart to @sbcity.org O REQUEST AND LOCATION: o A City-initiated request to amend Development Code Chapter 19.19A and the City's Zoning Map to remove certain parcels located along W. Baseline Street and W. 51h Street from the Transit District (TD) Overlay and to add certain parcels located along the west side of "G" v Street, south of Columbia Way to the TD Overlay. °. 0 M CONSTRAINTS/OVERLAYS: Cl) U Not applicable. a. P .Ir Q� E ENVIRONMENTAL FINDINGS: r ® Exempt from CEQA—Section 15061(b)(3) `t ❑ No Significant Effect ❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program E ❑ Environmental Impact Report a STAFF RECOMMENDATION: ❑ Approval ❑ Conditions ❑ Denial ❑ Continuance to: ® Recommend to Mayor and Common Council Packet Pg. 54 5.E.d DCA 14-11 March 19,2014 Page 2 co PROJECT DESCRIPTION In July 2012, the City approved the Transit District(TD) Overlay. The purpose of the Overlay is to implement the City's General Plan policies regarding encouraging a wide variety of high- quality transit-oriented development within close proximity to the new sbX (and future Redlands Rail) transit stations. Such development is to encourage walkable, pedestrian-scaled development,rather than typical auto-oriented uses. Due to the fact that the TD Overlay was recently approved and therefore, has not been "tested" with new development or redeveloped properties in the TD Overlay areas, staff believes that under most circumstances,the TD Overlay areas should be left intact,per Council direction,until actual development occurs. However, staff recognizes that some fine-tuning of the various Overlay boundaries may be warranted, as long as the integrity of the TD Overlay areas is Q To ensure the integrity of the TD Overlay is met, staff has initiated this amendment. maintained. gn y Y �. Staff has received two requests to amend the fringes of the TD Overlay areas in Wards 1 and 2, O to develop/redevelop properties in close proximity to the I-215 right-of-way and therefore, remove these properties from the TD Overlay. Simultaneously, Loma Linda University has requested that the site of their proposed downtown San Bernardino training and research facility, to be located along the west side of"G" Street, south of Columbia Way (Ward 3), be added to a the TD Overlay, as the University's project site is located immediately west of the TD Overlay o and they expect many of their students, employees and customers will use transit to access the LO ° site. ° M BACKGROUND U D., July 2012 — the Mayor and Common Council approved San Bernardino Development Code (SBDC) Chapter 19.19A,the standards and design guidelines for the TD Overlay E March 3, 2014 — A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on U March 6, 2014, advertising the upcoming March 19, 2014 Planning Commission hearing on Q DCA 14-11. a� E March 6, 2014 — a Public Hearing Notice was mailed to the individual property owners whose properties would be directly impacted by DCA 14-11, advising them of the upcoming March 19, Q 2014 Planning Commission hearing of DCA 14-11. March 13. 2014 — The Development/Environmental Review Committee (D/ERC) reviewed the request for DCA 14-11. March 18, 2014 — the Legislative Review Committee (LRC) reviewed the request for DCA 14- 11. �I Packet Pg. 55 5.E.d DCA 14-11 March 19,2014 Page 3 ANALYSIS As noted above,staff received a request to redevelop an existing gas station and restaurant into a modern gas station with accessory restaurant space and a convenience store on the site located at 799 W. Baseline. Additionally, staff received a separate request by Ran Torkan to redevelop the gas station existing at the northeast corner of "H" and Fifth Streets with a new, modern gas station, and to redevelop the properties on the north side of Fifth Street, between "F" and "G" Streets with a new pharmacy with drive-thru and a sit-down restaurant. Auto-oriented uses, including gas stations and drive-thrus, are not permitted in the TD Overlay. Therefore, to accommodate the uses proposed on 5th Street and Baseline Street, the properties would need to be removed from the TD Overlay. As an alternative, the TD Overlay could be amended to allow such auto-oriented uses; however, that would be contrary to the purpose of the Overlay, summarized above. Q Since the two properties upon which the modernized gas stations are proposed are located in > close proximity to the new I-215 Freeway off-ramps s an d will provide services to passersby on O o f h freeway further into the City to patronize other the freeway and can also then draw people of the y Y p businesses, staff recommends removal of seven parcels along the south side of Baseline Street r (four to the west of"G" Street and three to the east of"G" Street) and the four properties along 4 the north side of Orange Street west of"H" Street, and the properties located at the northeast and Q southeast corners of Fifth and"G" Streets (this also includes the new In-N-Out restaurant, which o is currently considered a legal non-conforming use, due to its drive-thru operation in the TD LO Overlay). 0 a M Mr. Torkan's request also includes removing the properties along the north and south sides of Cn Cn Fifth Street, between "G" and "F" Streets, to allow construction of a pharmacy with drive-thru a and a sit down restaurant on the north side of the street, and increase the development opportunities on the parcels owned by the Successor Agency located along the south side of the a street. A sit-down restaurant is permitted in the TD Overlay, as are pharmacies without drive- E thrus. However, as noted above, a drive-thru is not a permitted use in the TD Overlay. Mr. U Torkan indicates that new pharmacies typically now have drive-thru windows. Q Simultaneously, Loma Linda University has plans to move forward with constructing a state-of- E the-art clinic,training, and research facility on the vacant land located along the west side of"G" u Street and south of Columbia Street. This building will be a focal point to the Downtown area when complete. The property is zoned Central City South (CCS-1), which limits the height of building to two stories, unless a Conditional Use Permit is granted for additional floors. Loma Linda University is seeking to build a three or four story facility. Additionally, they are seeking to minimize surface parking. The site is located immediately west of the TD Overlay, and within walking distance of the soon-to-be-constructed San Bernardino Transit Center. The University anticipates users of the facility will take advantage of the adjacent transit. Therefore, they are requesting to be added to the TD Overlay to allow the additional building height and parking reductions (a specific parking ratio is not available at this time, since the actual size of the building has not yet been determined). Inasmuch as this appears to be the type of facility Packet Pg. 56 i 5.E.d DCA 14-11 March 19,2014 Page 4 encouraged by the TD Overlay,1 staff recommends the Loma Linda University parcels be added to the TD Overlay. The net result of the requested action would be to amend the Zoning Map and Figures 6, 9 and 10 of San Bernardino Development Code Chapter 19.19A (TD Zone) to reflect the addition or removal of the subject parcels. FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan. d The proposal is to amend the boundaries of the TD Overlay in certain areas. The General Land Use Ma designates the TD Overlay areas as nodes with no specific Plan Lan Y Map � E boundaries. Additionally, the underlying zoning and land use designations will not be Q affected. Therefore, the proposed amendment will continue to be consistent with the a L General Plan. The amendment is also consistent with the following General Plan policy: o T r Policy 2.2.1, which calls for compatibility between land uses and quality design through 4 adherence to the standards and regulations in the Development Code and policies and a guidelines in the Community Design Element. The amendment will result in allowing C o developers to modernize and improve the quality of design of certain properties located LO adjacent to, or near the I-215 freeway right-of-way. Currently, the TD Overlay prohibits M such modernization of these uses and therefore, the properties remain underperforming and/or blighted and abandoned. Additionally, adding the properties controlled by Loma Linda University into the TD Overlay will provide the University with additional flexibility to meet the City's development standards and design a high-quality project that r will be a visual key to the entrance to the City's Downtown area. Thus, the Amendment will be consistent with this policy. E U 2. The proposed amendment would not be detrimental to the public interest, health, safety, Q convenience, or welfare of the City. c a� E The proposed amendment will remove several parcels from the TD Overlay and add several others to the Overlay. However, the underlying development standards of those Q parcels being removed will not change. Further, the Amendments will enable the development/redevelopment of underperforming and blighted parcels with new, high- quality development that will benefit the public interest, health, safety, convenience and welfare of the City,rather than be detrimental to it. Packet Pg. 57 I 5.E.d DCA 14-11 March 19. 2014 Page 5 3. The proposed amendment will maintain the appropriate balance of land uses in the City. The proposed amendment will not change the underlying land uses or zoning of the subject properties and therefore, the balance of land uses in the City will not be affected by this amendment. FINANCIAL IMPACT There will be no direct impact to the General Fund. y r CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) E c The proposed Development Code Amendment is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines,because the effect of the amendment would not result in a a significant direct or reasonably foreseeable indirect physical change in the environment. a L m CONCLUSION 0 0 The proposed project satisfies all Findings of Fact for approval of Development Code Amendment/Zoning Map Amendment No. 14-11. T Q RECOMMENDATION o Staff recommends that the Planning Commission recommend to the Mayor and Common o Council approval of Development Code Amendment/Zoning Map Amendment No. 14-11,baked upon the Findings of Fact contained in the staff report. N U Respectfully Submitted, E 1 v Tony Stewart,AiCP Acting Director of Community Development Q c a� E Attachment A Proposed revisions to Figures 6, 9 and 10 of SBDC Chapter 19.19A Attachment B Existing and proposed Zoning Maps a Attachment C Legal ad Packet Pg.58 ATTACHMENT A SBDC Chapter 1919A Figures Figure 6. E Street and Baseline Avenue Transit Station Area (Approved Figure) � � G a -- ....... m 7- 7 Q y. # ! L Hill O 0 . ......... ER Pv IN 11H P-d---, - F- _ � E ML LO �z c �... ­-­j.:,­ : , Q Um............................. 7� E ... y Transit Station M- !T==i l- I 1#V11� d Pil Eff] i +•••-Build-to Line E L(see section 19.19A.040j or is scni a Packet Pg. 59 1 • • 1 '•1 ,3'11 IININI — HE i� 1111 — =Own 5 _ _ 11 1 111 111 f 111 ■R RUN . 11U 1 1 1:,,- •� �...; 1� 111111 :1 —,� — :. �„� ,� mot• = 11 I" X111111= �alll 111 ■ 1 1 � ml� =�1�11 ._ °•� i l 11 li II 1IIIIIIIII 1/111111 Ilttl _rte =_ = 1 I1 1 111rt1■' 1�1 111111 t x17`F G ... � r - ' 1 M 11 I ' `j 1►: �1 111 i ■ Hill — � i 11 N I Ill lNil I I 11 11 Y 14 111 Il�n- _ Min — 11111 = •- . I I� ATTACHMENT A SBDC Chapter 19.19A Figures Figure 9. E Street and Court Street Transit Station Area (Approved Figure) '•-Temple-' ' -Union ........ .._ ' 8th E 0EDIN t ���� _ m LL E e - 7 E a> ® y -vi`aria - Q j � i ` _ p Spruce S race achurchi - O 1 th — — tE 3 � tKingm r d4 [rt LO ° o ��_ _ � ................... _ 3rd-_.�- N 1 - � a l.Iltll�In _z� _ a Kin =20 1!�. _ I in Q Bialt ,, -- --- ERE . Transit Station **•• Build-to Line E ( '(see section 19.19A.040) NOT TO SCALE .r Q Packet Pg. 61 ATTACHMENT A SBDC Chapter 19.19A Figures Figure 9. E Street and Court Street Transit Station Area (revised with parcels deleted) a AT 77M �y 71M < d 9 F1 i J ZH E ILELJ Fin I IF� 21 0 LO 2NO ..�n �. V a m E RALO11 — — 2 Lr (i<► Q Mal d dt ('- {}Tne�[WYttftlaia'da9 p—'°p°"°°"'7: �':oc ssdlom 1a.99a.6tki �e Samr � a+ r+ Q Packet Pg. 62 ATTACHMENT A SBDC Chapter 1919A Figures Figure 10.E Street and Rialto Avenue Transit Station Area (Approved Figure) III{IfllU tLIL® E]IIII I�1 W ® P ,. a I � 04th- Lrt CD E 2n a I � In ! O rialto-� -1......1......... r T I a V1�� S ..m,� Q W 0 1 LO 3 1 t5 Athol ........ m �T- O Cluster m U) elar U m s � � Q qJ1 Transit Station c Build-to Line E Ili III --� � L �I Y//1 -(see section 19.19A.040) orToecn�ei R w a Packet Pg. 63 ATTACHMENT A SBDC Chapter 19.19A Figures Figure 10. E Street and Rialto Avenue Transit Station Area (revised with parcels added) IF 4T RIXf reemwwrov. � N +) ail N 6 E !w Q 4 � i ■ •s■� ■ass i• • • '.� ....«�..,,,�� L tilt .- ■ ss■a■«.ra■■a r■t: • s ■u,s■a•■�■ `° 0 .t . a---.-� '•i g 0 (�ms r e T m � G M fn € V n. �S; c E Lj x WL4 }ruc ������ � _zee mectlmn 3�.38aAit7t Nc4 Scsk � Packet Pg. 64 i ATTACHMENT B Proposed revisions to TD Overlay—Baseline St. @ N. "H" St. Current TD Overlay boundaries i � g¢aaygyq�?� t R�p4iddWnY PUNIC - `,1 IOL Ls S ! Fccf 0 W B A S E L f N E S T _ x, r g E tr d a r V w .rEm -i — LO W O Proposed TD Overlay boundaries with removed parcels outlined in black a ST R: E C E pods a' �1p�. W.er Public Q f W B A S E L I N E S C 4 o � .pr! w s RANGE ST., W ORANGE ST w W 1„11 ..... a a 11 .. N+l' 1 1 T H S`T � � H a i I SMi Wn I � y OLIVE ST WO� T R'AIOlNSI ! iz i Packet Pg. 65 ATTACHMENT B i I I Proposed TD Overlay revisions—5th St. between"G" and"H" Streets Current TD Overlay boundary ! W.._6TH_.�S T 590 o p J i 1 F W t� p �d W W SPRUCE ST _ h��� av S x- >- oa! ~ W CHURCH ST < - ! - 550 g32 Z aaa i i W ' 1 g W 5TH ST r i ?g5 F Z i E ! 648 O Cai C ��, 0 � W KIN6MAN ST `' �%� T E ' % � 0 w 4`de�.tC�xtttt p o Q i E:fit Trahsr t A g W 4TH ST W4TH ST W 4TH ST a o 0 0 i 1 W COURT 0 1 { i 0 r r 1 d' W 3RD ST �" W 3RD S U LO Proposed TD Overlay boundaries with removed parcels outlined in black M vWlc +. F f 4'd SPRUCE ST JS 550 55,x.. Z i4 eaa r+ W W 5TH ST Q g`' r z 64a o as E -W.K l N AN ST � R y -g W 4 T H S T Lr/ I 't-t S VV 4 1, H S _T ? e 4 i 1 c, 1 ' � i z Q 0 ynt"o"CY Packet Pg. 66 ATTACHMENT B Proposed TD Overlay revisions @"G" Street/Columbia Street Current TD Overlay boundaries d� h (N iE RS ON L N W ATH OLSTO es ; W COLUMBIA ST Cf ROM== Pg �✓ci" 4 V+ 1 u I 1 ugh1 � LU a N W r+ VALLEY ST �CU nFII J an A Intl�lsl bra�,nll`n x LL] A 0 brl `w W BIRCH '._ ..w q O ro - € w ? r u W OAK ST Q mQ 0 .d. a K CT � I ski 1 I ...... ... .. .... ......... _.... ....... U Proposed TD Overlay boundaries with parcels to be added outlined in black c M (n X W CONGRESS V MERS611L N d. fY8 ort, G1 U E ©EFTA LN' i � w c d ALLEY ST ao tar & V I61 I a ametW k "" w �,` baelsfn in 51sT' .enr 1• f i;.4yp C1 jU W BIRCH �I v N :g v G AK CT 111i fn © S Packet Pg.67` I NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Planning Commission will hold a public hearing on Wednesday, March 19,2014 at 6:00 p.m.in the Council Chambers,City Hall,300 North"D"Street, San Bernardino,California 92418,on the following item: DEVELOPMENT CODE AMENDMENT 14-11-A request to amend Development Code Chapter 19.19A and the City's Zoning Map to remove certain parcels located along W.Baseline Street and W.5`h Street from the Transit District (TD)Overlay and to add certain parcels located along the west side of"G"Street,south of Columbia Street to the TD Overlay. Proposed by: City of San Bernardino Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) The Planning Commission invites your participation in evaluating these proposals.The public is welcome to speak at the = public hearing or to submit written comments prior to the hearing. The Planning Commission will make E recommendations to the Mayor and Common Council for final action on Development Code Amendments.For more information,please contact the Planning Division of the Community Development Department at City Hall,or by phone E at(909)384-5057.If you challenge the final action of the Mayor and Common Council in court,you may be limited to Q raising only those issues you or someone else raised at the public hearing described in this notice, or by written correspondence delivered to the Planning Division at or prior to the public hearing. O H Submitted: March 3,2014 ' Publish: March 6,2014(minimum 1/8 Page Ad) Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephaniegsbcity.org. U Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North O "D"Street,San Bernardino,CA 92418 „n 0 0 M of U d r c a� E v a E w a Packet Pg. 68 5 ,e �OF,gWA Larry Heasley,Chair Lance Darr.Vice-Chair Andrew e Amelia S..Lopez CITY OF SAN BERNARDINO r z av s Frederick crochulski COMMUNITY DEVELOPMENT DEPARTMENT Dustin Barnhardt 'QED IN Kent Paxton 300 North "D"Street, San Bernardino, California 92418 Casey Dailey Phone:(909)384-505715071 • Fax: (909)384-5080 Michael Thomas Bob Brown,Alt. PLANNING COMMISSION MINUTES MARCH 19, 2014 E MINUTES OF FEBRUARY 19, 2014 d E a CONDITIONAL USE PERMIT 13-09 d DEVELOPMENT CODE AMENDMENT 14-10 AND CONDITIONAL USE 0' PERMIT 13-25 ° T DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-11 a a U ° Ln 0 Q o Vf d r 3 C d' T O N Q1 T M O V a N C d E t V fQ w a w C W E V N r+ a+ a Pagel of 8 03/19/2014 Packet Pg.69 Chair Heasley called the meeting to order at 6:00 p.m. Commissioner Thomas led the flag salute. Present: Commissioners: Heasley, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas. Excused: Durr. Absent: Brown. Staff present: Tony Stewart, Acting Community Development Director; Henry Empeiio, Jr., Senior Deputy City Attorney; Aron Liang, Senior Planner. N C ADMINISTRATION OF OATH Senior Planner Aron Liang administered the oath. Q CONSENT AGENDA: L Tony Stewart, Acting Community Development Director, gave a brief presentation of the p consent agenda. 1. Minutes of February 19, 2014. Staff recommends approval of these minutes. 2. CONDITIONAL USE PERMIT NO. 13-09 - A request to establish an auto 0 restoration shop with auto repair and paint services with ancillary used auto sales and a caretaker quarters in an existing 6,255-square foot commercial building located at o 108 North Waterman Avenue, in the Commercial General (CG-1) zone. y N r+ Environmental Determination: Exempt from CEQA per 15301, Existing Facilities c Owner/Applicant: John Coute. APN: 0135-302-45 c Ward 1 N o) T M Recommended Motion: Approve Conditional Use Permit No. 13-09 based upon the v Findings of Fact contained in the staff report and subject to the Conditions of a Approval. d E U Commissioner Dailey made a comment that he would abstain from the minutes of February 19, w 2014 due to him not being present for the meeting. a c a� Commissioner Paxton made a motion to approve the consent agenda. E Commissioner Machen seconded the motion. r Q The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Durr. Absent: Brown. Page 2 of 8 03/19/2014 Packet Pg.TO PUBLIC COMMENTS - ITEMS NOT ON AGENDA No comments. PUBLIC HEARINGS 3. DEVELOPMENT CODE AMENDMENT 14-10 AND CONDITIONAL USE PERMIT 13-25 - A request to amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a gasoline service station, Chapter 19.06 (Commercial Districts) Section 19.06.030 (T) (2), Gasoline Service Stations,to delete the minimum _ parcel size requirement and a Conditional Use Permit to modify previously approved E CUP 95-22 to legalize a 650-squarefoot addition to an existing 1,281-square foot Q snack shop. The project is located at 2696 Foothill Boulevard in the Commercial General (CG-1) zone. 0 Environmental Determination: Exempt from CEQA per 15301,Existing Facilities ~ Owner/Applicant: Ali Yassin APNs: 0142-522-07 Wards: 6 (CUP 13-25) and All (DCA 14-10) Q U Recommended Motion: Recommend to the Mayor and Common Council approval of Development Code Amendment No. 14-10 and Conditional Use Permit No. 13- 25, based upon the Findings of Fact contained in the staff report and subject to the Conditions of Approval. Senior Planner Aron Liang,gave a brief presentation of the project. 0 N Doug Wilson, 12168 Observation Dr., thanked the Planning Department and City Council a) for all their help. He said they had no objections with the Conditions of Approval and are c ready to move forward. a N Commissioner Dailey directed a question the staff and asked why they decided to change the minimum lot size to a square footage on the frontage of the properties. He also asked, if on E the big picture of this change, should they be looking at making this change in other places as well. a _ Tony Stewart, Acting Community Development Director said that the minimum lot size E was a condition meant only for gas stations. In the past, gas stations have been problematic U with there being too many of them, and there are some from the past that are non-conforming a including this existing one that is on a smaller lot size. In order to allow these stations to modernize, the minimum lot size needed to be eliminated. There are still other sections and regulations that will dictate good quality gas stations. For example, only two at any major intersection because we don't want a gas station appearing mid-block to interfere with a larger development. There are also developer requirements to keep in mind for these stations. We conducted a survey of neighboring cities and most do not have minimum lot Page 3 of 8 03/19/2014 Packet Pg. 71 HIM— sizes for gas stations. Additionally, we are moving from a Development Permit to a Conditional Use Permit which is more restrictive because it allows the Planning Commission more discretion with regard to the design and suitability of the gas station. This is why we felt comfortable eliminating the minimum lot size for gas stations. Henry Empeno, Jr., Senior Deputy City Attorney stated that he felt it was appropriate for the Planning Commission to make this decision based on staff's recommendations. Chair Heasley stated that he felt that this would stream line the operation and was in favor. E Commissioner Paxton made a motion to recommend to the Mayor and Common Council approval of Development Code Amendment 14-10 and Conditional Use Permit 13-25 based E ¢ upon the Findings of Fact contained in the staff report and subject. L d Commissioner Machen seconded the motion. p � o The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Durr. Absent: Brown. U O 4. DEVELOPMENT CODE AMENDMENT/ZONIG MAP AMENDMENT NO. 14-11 - A request to amend Development Code Chapter 19.19A and the City's c Zoning Map to remove certain parcels located along W. Baseline Street and W. 5th Street from the Transit District (TD) Overlay and to add certain parcels located along the west side of"G" Street, south of Columbia Street to the TD Overlay. Environmental Determination: Exempt from CEQA- Section 15061(b)(3) Applicant: City of San Bernardino Cry APN: Various 7 Wards: All o U a Recommended Motion: Recommend to the Mayor and Common Council approval of Development Code Amendment/Zoning Map Amendment No. 14-11, based upon 0) the Findings of Fact contained in the staff report. U f0 .a. w Tony Stewart, Acting Community Development Director, gave a brief presentation of the at project. E U R Commissioner Heasley asked if this provided an economic benefit to Loma Linda Q University by being included in this or is there a sociological benefit. Tony Stewart,Acting Community Development Director said he thought there might be both. Loma Linda is building because there will be an economic benefit for them,but it should also be a great employment factor for them and the City as well. He commented on the fact that having the facility visible in the Downtown area would be good for the City's status. Page 4 of 8 03/19/2014 Packet Pg. 72 Commissioner Dailey commented that the TOD Overlay provides a reduction in parking standards, so they wouldn't be required to have as much parking which saves them money. Chair Heasley thanked Commissioner Dailey for the clarification. Commissioner Lopez asked if the connection from 5th street to SBX was taken into consideration when submitting this amendment. Y Tony Stewart,Acting Community Development Director said that the Staff Report leaves d that issue open ended to that affect. E c d Commissioner Lopez said that that connection serves as a main artery of traffic. a a Tony Stewart,Acting Community Development Director agreed. He said that right against the freeway it makes sense since it comes right onto H St. As you move east and get O closer to the transit center that is where it could become more of a walkability issue as opposed to more of an auto use. T 4 Commissioner Lopez asked about the foot traffic versus auto traffic where the 5th Street a Bridge is and how this would affect it. She also asked if Omnitrans would still continue to v 0 provide services. In co Tony Stewart,Acting Community Development Director said that it wouldn't affect the M east/west so much. It would not affect the routes of the buses at all, but redevelopment of a those parcels that are further east and closer to the freeway. Commissioner Lopez she was concerned about the access to certain stops and if there would 0 be enough access. She asked about the closing of the bridge at Mount Vernon over the CN railroad. ri 0 Tony Stewart, Acting Community Development Director/City Planner reiterated that this a should not affect the bus route and that it would allow the redevelopment of those parcels and hopefully allow the economic development for the City. Since the SBX line is just outside City Hall, the uses should not be changing due to this amendment. He's hoping in the future that staff will continue to bring these City initiated items, as opposed to developer initiated items, and keep r the TD Overlay intact as originally planned. Q Y Commissioner Dailey asked that with an existing gas station that wants to add on, would E those locations be considered legal non-conforming. Y Y a Tony Stewart,Acting Community Development Director said that was correct. Commissioner Dailey asked that if they are legal non-conforming,before they did any improvements, they would first have to come into compliance before they could make any modifications. Page 5 of 8 03/19/2014 Packet Pg.73 5.E.e Tony Stewart,Acting Community Development Director/City Planner said yes. The problem with a non-conforming use is that you cannot expand them. For instance, up on Baseline Street, that site is looking to do a tear down and rebuild, and once you tear a structure down you lose that non-conforming status. To then rebuild and put in additional auto related uses wouldn't be allowed due to the current code. Commissioner Dailey brought up 5 1 Street at G Street and F Street. He asked why Planning wouldn't go with a Variance versus the Amendment that was purposed. _ � N Tony Stewart,Acting Community Development Director said that use variances were not E E allowed,that is why an amendment was used. a� E Commissioner Dailey commented on the TD overlay and how when it was adopted,there a were a couple stations not included,primarily those that would be used in a future project, which is in construction now and should be done in a few years. He stated that his concern > was in the area of Orange Show Road and Waterman Avenue,which is a Light Industrial o Zoned area,where there is a rail stop. There have been trucking uses proposed for this area ~ that are not necessarily complimentary to the spirit and intent of the TD Overlay. He asked r what, as a commission, can they do to ensure that future stops can be brought to them for consideration. a U Tony Stewart,Acting Community Development Director advised that it could be agenized for future meetings. He also advised that at some point, they would need to amend the M general plan map, zone map, and development code to address those future overlay areas. He stated that staff was cognoscente of those three future areas and staff has been asked to review them as they come in. E Commissioner Dailey stated that the overlay provides staff with something to stand on if a N project does come in. Currently if there is a project in an industrial area that is not in the overlay, there is nothing to use to deny the project. He sees it as a protection of these projects o and also a way to provide more growth. a N Tony Stewart, Acting Community Development Director/City Planner stated again that if in the future, commission wanted to put on the agenda to discuss further, they could put the general E plan map, zone map, and development code on the agenda. r w Q Commissioner Dailey made a motion to recommend to Mayor and Common Council approval of Development Code Amendment/Zoning Map Amendment 14-11, based on the Findings of Fact contained in the staff report. Commissioner Paxton seconded the motion. Q The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas.Nays: None. Abstain: None. Excused: Durr. Absent: Brown. NON-PUBLIC HEARING ITEMS Page 6 of 8 03/19/2014 Packet Pg. 74 None PLANNING COMMISSION REPORTS/ANNOUNCEMENTS Chair Heasley asked if the Transit Authority should notify the Planning Department of the Red Project and come to the City with that proposal. Commissioner Dailey said that SANBAG has been working for the last several years with City of San Bernardino, City of Redlands, and City of Loma Linda on look at these future stations and v funding the potential land use changes. SANBAG funded a 2 year effort, working with city staff, to look at appropriate changes to land uses around the rail stations. SANBAG is also going to a fund a program level EIR so that the cities of San Bernardino and Redlands are able to tier off of that program level EIR to make the changes, should this commission decide to do it. When looking at the TD Overlay, SANBAG intentionally took out certain rail stations because of the o additional work that had to be done. 0 Chair Heasley commented on the fact that there was a project approved in that area not that long ago, and had they know, they could have taken those stations into consideration. r Q Henry Empeno, Jr., Senior Deputy City Attorney brought to the attention of the a commissioners that Commissioner Dailey is currently employed by SANBAG, and he felt it would be a conflict of interest to have any further discussion on this topic. Since M Commissioner Dailey receives income from this project, he should not be taking part in this discussion. He suggested that Commissioner Dailey recuse himself from this topic. a Chair Heasley thanked him for the clarification. Commissioner Paxton agreed with the discussion regarding the changes for the TD Overlay. rn r Chair Heasley asked if they would need to formally vote on the matter,of Commissioner Dailey. o U a. Henry Empeno, Jr., Senior Deputy City Attorney stated that it could be something is placed on the next meeting agenda, or they could vote on the matter tonight. E Commissioner Paxton made a motion to exclude Commissioner Dailey from further discussion on the Development Code Amendment/Zoning Map Amendment in regards to the TD Overlay. Q Commissioner Machen seconded the motion. E The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski, r Barnhardt, Paxton, Thomas. Nays: None. Abstain: Dailey. Excused: Duff. Absent: Brown. Q DIRECTOR'S REPORT °^ Tony Stewart announced the starting of the new director Mark Persico on April 1, 2014. Page 7 of 8 03/19/2014 Packet Pg. 75 ADJOURNMENT Commissioner Dailey made a motion which was unanimously carried, to adjourn the Planning Commission meeting at 6:45 p.m. The next regular meeting was scheduled for Wednesday, April 16, 2014 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San Bernardino, California. w Minutes Adopted by Planning Commissioners: a Date Approved: Minutes Prepared by: Q a m O 0 Stephanie Sanchez T Executive Assistant Q v 0 LO 0 m 3 c 0 N Q1 T M U a N w C E t V r Q C N E L U t4 w Q Page 8 of 8 03/19/2014 Packet Pg.76 NOTICE OF PUBLIC HEARING Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on Monday,April 21,2014,at 4:00 p.m. or thereafter in the Council Chambers,City Hall,300 North"D"Street, San Bernardino,California 92418,on the following item: DEVELOPMENT CODE AMENDMENT 14-10 AND CONDITIONAL USE PERMIT 13-25-A request to amend Development Code Chapter 19.08(Industrial Districts)Section 19.08.020,Table 08.01,(15)Gasoline Service Stations, to permit ancillary commercial uses with a gasoline service station, only at the intersections of major and secondary arterials,subject to approval of a Conditional Use Permit,Chapter 19.06(Commercial Districts)Section 19.06.030(T) (2),Gasoline Service Stations,to delete the minimum parcel size requirement and a Conditional Use Permit to modify E previously approved CUP 95-22 to legalize a 650-squarefoot addition to an existing 1,281-square foot snack shop.The project is located at 2696 Foothill Boulevard in the Commercial General(CG-1)land use district. d Environmental Determination: Exempt from CEQA—Section 15332 Infill Development Owner/Applicant: Ali Yasin m APN: 0142-522-07 p Ward: 6 0 F DEVELOPMENT CODE AMENDMENT(ZONING MAP AMENDMENT) 14-11—A City-initiated request to amend Development Code Chapter 19.19A and the City's Zoning Map to remove certain parcels located along west Baseline Street and west 5th Street from the Transit District(TD)Overlay and to add certain parcels located along the Q west side of"G"Street,south of Columbia Way to the TD Overlay. o Proposed by: City of San Bernardino Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) o 0 N The City of San Bernardino welcomes your participation in evaluating these items.The Mayor and Common Council will review the proposal and will consider the proposed environmental determination in making a decision.The public is welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please N contact the Community Development Department at City Hall,or by phone at(909)384-5057. -° Q U If you challenge the resultant action of the Mayor and Common Council in court,you maybe limited to raising only those M issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. E U fC Submitted: April 7,2014 B Publish: April 10,2014(Legal Ad) CD E Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanieAsbcity.org. Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North "D"Street,San Bernardino,CA 92418 Q Packet Pg. 77