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HomeMy WebLinkAbout28- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: General Plan Amendment No. 95-06 to change the land use designation from RU-1 Dept: Planning & Building Services to CG-1 on the northwest corner of Pepper and Rialto Avenues. Date: March 28, 1996 ORIGAWC Date: April 15, 1996 Synopsis of Previous Council Action: N/A Recommended Motion: That the Mayor and Common Council close the public hearing and adopt the Resolution which approves General Plan Amendment No. 95-06. A) he Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Agenda Item No. D 41151q� Fes � e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT NO. 95-06 MAYOR AND COMMON COUNCIL MEETING OF APRIL 15, 1996 OWNER/APPLICANT: HAROLD J. & KATHLEEN M. BROWN/ SURESH DODDIAH REQUEST/LOCATION The applicant is requesting a change in the General Plan land use designation of a 0.53-acre parcel from RU-1, Residential Urban, to CG-1, Commercial General, for future commercial development. No development is proposed at this time. The site is located on the northwest corner of Pepper Avenue and Rialto Avenue. KEY ISSUES * The proposed amendment would permit future commercial development to replace a currently existing single-family residence. * The proposed amendment would incorporate the site into the commercial node at the intersection. * An extension of the adjacent mobile home park is impractical due to the layout of the streets within the park and the orientation of the individual mobile home lots. Any extension of the mobile home park onto this site would isolate the site from the rest of the park. The Planning Commission Staff Report prepared for the February 20, 1996 Planning Commission meeting provides the detailed background and analysis of this project (Refer to Exhibit 3). General Plan Amendment No.95-06 Mayor and Common Council Meeting April 15, 1996 Page 2 of 3 COMMENTS RECEIVED A memorandum opposing this project was written and submitted to staff by former Councilmember Ralph Hernandez on January 5, 1996 (Refer to Attachment D of Exhibit 3). Mr. Hernandez was concerned with potential traffic problems resulting by the ingress and egress of the subject site once it is developed. He believed the number of vehicles utilizing Pepper Avenue will eventually increase when the widening of Pepper Avenue is completed. The Traffic Engineering Division reviewed the proposal and found no potential problems. Due to the high capacity of Pepper and Rialto Avenues and the relatively small area of the proposed site, any increase in traffic at this intersection would be minimal and have no significant effect on the Level Of Service (LOS) of the subject streets. Approximately six residents living in the mobile home park adjacent to the subject site attended the Planning Commission meeting of February 20, 1996 to voice their opposition to this project. Their concerns stemmed from possible noise, glare, and customer nuisances that may be created by future commercial development. No written comments have been received. ENVIRONMENTAL DETERMINATION This project is exempt from CEQA as a general rule [Section 15601(b)(3)]. Staff completed an Environmental Impact Checklist and all items were marked "No". PLANNING COMMISSION RECOMMENDATION At their February 20, 1996 meeting, the Planning Commission voted to recommend the approval of General Plan Amendment No. 95-06 to the Mayor and Common Council. The vote was unanimous: 7 ayes (Encino, Gaffney, Hamilton, Quiel, Schuiling, Stone, Strimpel), 0 nayes, 0 abstentions, and 3 absent (Cole, Thrasher, Traver). General Plan Amendment No.95-06 Mayor and Common Council Meeting April 15, 1996 Page 3 of 3 STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council: 1. Adopt the Resolution to approve General Plan Amendment No. 95-06 to change the general plan land use designation of a 0.53-acre parcel located on the northeast corner of Pepper and Rialto Avenues from RU-1, Residential Urban, to CG-1, Commercial General, for future commercial development based on the Findings of Fact contained in the Resolution (Exhibit 4). Prepared by: GUSTAVO J. ROMO, Assistant Planner for AL BOUGHEY, Director of Planning & Building Services EXHIBITS: 1 - General Plan Land Use & Location Map 2 - General Plan Amendment Proposal 3 - Planning Commission Staff Report (February 20, 1996) and Attachments 4 - Resolution EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING AGENDA AND BUILDING SERVICES DEPARTMENT ITEM # GENERAL PLAN LAND USE CASE GPA-95-o & LOCATION MAP HEARING DATE APRIL 15. 1996 LL elk C CIT OF RIA O = V� ST, LEY ILEY ST. Y i(( � � f --,'R I TO RIALTO sl WILSON -� �© iRLH a scr'r° )U T H ST sw a J �r �_ r�•,� ' 0 ILL > N a ® ( Q i • — � /N t iPWWnWa PLAN-8.11 PAGE 1 OF 1 (4 9� ' ' L EXHIBIT 2 NZ IN THE CITY OF SAN BERNARDINO uFNERAL' AMENDMENT BEING A SUBDIVISION OF A PORTION OF LOT 89. ACCORDING TO MAP OF THE TOWN OF RIALTO AND ADJOINING SUBDIVISION, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, • PAGE 11. RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. S. D. ENGINEERING AND ASSOCIATES JULY t993 'r. { oBSSRAI:NOES. - - ecmw owlewstw1T2BS11 4� 1. Bests of Bearings was taken fret the centerline - r.�_al" «—, Harold J. Brown and Ke[hleea M. Brotm of Rialto Avenue shoen as M89 S4'45's per Tract P 1 _ j 14 �, 19191 South V1-1 Avenue, Su1te S45 'y Mo. 13121, recorded in Book 188 of Maps. Pages Torrance, G1310) 5a. 90502 ,j 46 and 47, co do of the County of San eernsrdim. ai 3 I ai'• - Telephone: 1310) S16-eSeS .� State of California. - ' e� Fa.: (310) 516-7999 -� 2. Aasesaor's Parcel lumbers are 142 - 032 - 01 and �+ a• t e♦ •z 130 - 461 - 21 and 22. 3. existing use as indicated_ PICPARBD BY • � _ 5. O_ en,, ...ring and A—istes - 1 �� Attn: Surean Ooddiah. R.G.B. 36361 •`I �1(� 723 north '0' Street. Butte l - _+ Son Berne rdino', Callfornie, 92401 -' (f Telephone: (909) 884-7090 �•,u 1m � S. .,�F_ Fax: (909) 884-0124 +/n ``, ` . 6-69% 00"ish "d,%141 Osis I•j,i•y r--: -� 3 t `w - VICINITY MAIP L FOOTHILL BOULEVARD .-. �. NMt47'4T`0 1919.08' (MB'1 YJ'0 Aeo.H/er aA0.9(90) � - RU ( ' vasant vscanl� _ Hems Fsfk TOWN Z5 RIALTO A\LrJ ADJOINING SUS. ° �L• - c 1✓OR, LJ r 80 9S� r 4f rM• PACIFIC E:L;✓CrRIC RAILROAD o I { $ LEGEND c7a.9y Too.91' =° C L'7Jjt y•• d /I LLI 1/)'4.PS \ t. \ P.N. I d v/ Z tso 461-21 tao-asl 2 t -052- I , z LOT UNE \ b = 0 9 � D A >< �E � 7 p}i q Ma*i NaB9a Rrlt j e r• P CEL d. t : tl 4� t e v44 �• .i i 1s1�.I AC R69 T = ,0 W i Z w j- :s a W 3` 1 PARCEL E Ll i G6'I /e1.M'/i /Ro ;RbIM I'M�f9 '• __ RIALTO ,,,.�; AVENUE 4 l M M 94'44'91(1t4G.Md MMe.ref N-0.IDOL"—+7) 14tI.N1'(1911.11 per Mti.180/16.47)e 1 "93. tpefnarl in• i.4 I t9 -; i r-2.7.2 R9 41 F9.rri1y ACNAnlia{11 �-�i I !- LL�� 1�iYl`J C R A C r ed ,NO,T R,�C1� i\10, o W 13124 ADJ, SUB, �° �° - E EXHIBIT 3 5 i CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 95-06 AGENDA ITEM: 1 HEARING DATE: 02/20/96 WARD: 3 APPLICANT: SURESH DODDIAH 723 N. "D" Street San Bernardino, CA 92401 OWNER: HAROLD J. & KATHLEEN M. BROWN 19191 S. Vermont Ave. Ste. 545 Torrance, CA 90502 ----------------------------------------------- ----------------------------------------------- REQUEST/LOCATION - The applicant is requesting to change the general plan land use designation of a 0.53-acre parcel from RU-1, Residential Urban to CG-1, Commercial General for future development. The subject site is located on the northwest corner of Rialto Avenue and Pepper Avenue. ----------------------------------------------- ----------------------------------------------- EXISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT Single-Family RU-1, Residential Urban NORTH Mobile Home Park RU-1, Residential Urban SOUTH Vacant RS, Residential Suburban EAST Service Station CG-1, Commercial General WEST Mobile Home Park RU-1, Residential Urban GEOLOGIC/SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ■ HAZARD ZONE: NO ■ ZONE: NO ■ NO ❑ HIGH FIRE HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ❑ ZONE: NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ■ ZONE: ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION: ❑ Not Applicable ❑ E.I.R. w/ Significant ■ APPROVAL ■ Exempt Effects • No Significant ❑ CONDITIONS Effects ❑ Significant Effects, • Potential Effects, See Attached E.R.C. ❑ DENIAL Mitigating Minutes Measures, ❑ CONTINUANCE No E.I.R. TO: General Plan Amendment No. 95-06 Agenda Item: 1 Hearing Date: February 20, 1996 Page 1 of 4 REQUEST The applicant is requesting a change in the general plan land use designation of a 0.53-acre parcel from RU-1, Residential Urban to CG-1, Commercial General for future commercial development. A lot line adjustment application was submitted concurrently with this request to reconfigure lot lines for three parcels, including the subject parcel, and meet minimum lot size requirements for future development. No development is proposed at this time. LOCATION The subject site is located on the northwest corner of Rialto Avenue and Pepper Avenue in the RU-1, Residential Urban land use district (Attachment A, Location Map). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS Staff completed an Environmental Impact Checklist and all items were marked "no". This project is exempt from CEQA as a general rule [Public Resources Code 15601(b)(3)]. DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE The subject site meets the minimum lot area requirements (10,000 sq.ft.) of the Development Code for commercial development within the CG-1 land use district. In addition, the proposal does not result in the creation of individual parcels zoned in contrast to the surrounding land uses (i.e. "spot zoning") since the requested land use designation, CG-1, already exists at the subject intersection. Therefore, this proposal is in conformance with the City of San Bernardino Development Code and General Plan. BACKGROUND . When the General Plan was adopted on June 2, 1989, the subject site was designated RU-1, Residential Urban to possibly accommodate the future expansion of the mobile home park situated to the north and west of this parcel. General Plan Amendment No. 95-06 was received by staff on December 22, 1995 and reviewed by the Development Review Committee (DRC) on January 11, 1996. The project was cleared to the Planning Commission with a recommendation for approval. Lot Line Adjustment No. 95- 04, which was submitted concurrently with this project, was approved by the DRC on February 1, 1996. General Plan Amendment No. 95-06 Agenda Item: 1 Hearing Date: February 20, 1996 Page 2 of 4 ANALYSIS Site and Area Characteristics The subject site is currently occupied by a single-family residence. Adjacent to the site on the north and west is a mobile home park approximately 10 acres in size. The recently approved lot line adjustment will separate the mobile home park from two existing single-family residences: the home located on the subject parcel and the home situated at the southwest corner of the mobile home park (Attachment B, Site Plan and General Plan Amendment Proposal). The intersection of Rialto Avenue and Pepper Avenue where the subject site is located consists primarily of commercial land uses. A service station/mini-mart and a small-scale shopping center are located on the northeast corner in the CG-1, Commercial General land use district. The shopping center has a total of 24 leased spaces and 2 vacant spaces. The businesses in the center consist of restaurants, a grocery store, a bakery, a beauty salon, a video store, and other similar uses. A second service station is located on the southeast corner along with a coin- operated carwash directly south of the station. The southwest corner of the intersection is a 4.5- acre vacant parcel of land located in the RS, Residential Suburban land use district. EXISTING LAND USE DESIGNATION The RU-1, Residential Urban land use designation is intended for the development of detached and attached residential units, duplexes, mobile home parks, and small lot subdivisions associated with Planned Unit Developments. The existing single-family home on the subject site is in line with the district's permitted uses but is inconsistent with the immediate surrounding land uses. The site is the only single-family home existing on the corner properties of the intersection. An extension of the existing mobile home park is impractical due to the layout of the streets within the park and the orientation of the individual mobile home lots. Any extension of the mobile home park onto this site would isolate the site from the rest of the park. PROPOSED LAND USE DESIGNATION The CG-1, Commercial General land use designation is intended for the development of retail, personal service, entertainment, office, and other related retail uses along major transportation corridors and intersections. Rialto and Pepper Avenues are both designated as major arterials in the City's General Plan. Furthermore, two of the intersection's four corners are designated as CG-1 and occupied by commercial land uses. The proposed land use amendment would tie General Plan Amendment No. 95-06 Agenda Item: 1 Hearing Date: February 20, 1996 Page 3 of 4 the subject site with the existing commercial uses and create a more uniform commercial intersection. Because of the relatively small area of the proposed CG-1 parcel, future commercial development would not create significant traffic to impact the capacity of Pepper Avenue or Rialto Avenue or change the Level Of Service (LOS) on either street. GENERAL PLAN CONSISTENCY The proposed amendment is consistent with the General Plan's goal to "achieve a pattern and distribution of land uses which are cohesive and uniform in nodes and districts and prevent 'leap frog' development" (Chapter 1, Goal 1G of the City's General Plan). The existing commercial land uses located on the same intersection as the subject site promote this cohesiveness and uniformity. The re-designation of the subject site to CG-1 will not create leap-frog development or bring inconsistent commercial land uses to the immediate area, but rather, will aide in promoting the subject intersection as a commercial node with more services to offer the immediate area. COMMENTS RECEIVED A memorandum opposing this project was written and submitted to staff by Councilmember Ralph Hernandez on January 5, 1996 (Refer to Attachment D). Mr. Hernandez is concerned with potential traffic problems resulting by the ingress and egress of the subject site once it is developed. He believes the number of vehicles utilizing Pepper Avenue will eventually increase when the widening of Pepper Avenue is completed. The Traffic Engineering Division has reviewed the proposal and sees no potential problems. Due to the high capacity of Pepper and Rialto Avenues and the relatively small area of the proposed site, any increase in traffic at this intersection would be minimal and have no significant effect on the Level Of Service (LOS) of the subject streets. CONCLUSION General Plan Amendment No. 95-06 is consistent with the City of San Bernardino General Plan and is in accordance with all applicable Development Code requirements pertaining to lot size. The re-designation of the subject site will create a more consistent and uniform commercial intersection to better serve the surrounding neighborhood. This proposal is not subject to CEQA based on the general rule. General Plan Amendment No. 95-06 Agenda Item: 1 Hearing Date: February 20, 1996 Page 4 of 4 RECONEM ENDATION Staff recommends that the Planning Commission recommend that the Mayor and City Council: 1. Approve General Plan Amendment No. 95-06 based on the Findings of Fact (Attachment C). Respectfully Submitt , AL BOU Y Director of Planni g and Building Services GUSTAVO J. ROMO Assistant Planner ATTACHMENTS: A - General Plan Land Use and Location Map B - Site Plan and General Plan Amendment Proposal C - GPA Findings of Fact D - Comments Received General Plan Amendment No. 95-06 Agenda Item: Hearing Date: February 20, 1996 ATTACHMENT "C" FINDINGS OF FACT FOR GENERAL PLAN AMENDMENT NO. 95-06 1. The proposed amendment is internally consistent with the General Plan. The proposal meets the General Plan's goal to "achieve a pattern and distribution of land uses which are cohesive and uniform in nodes and districts and prevent 'leap frog' development" (Chapter 1, Goal 1G of the City's General Plan). The existing commercial land uses located on the same intersection as the subject site promote this cohesiveness and uniformity. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City since the proposed commercial land use designation is in accordance with the existing land uses in the immediate area. In addition, any future development on the proposed amendment site would have to meet all city development standards pertaining to construction, parking, and circulation. 3. The proposed amendment would maintain the appropriate balance of land uses within the City. The amendment would not create a new commercial node, but rather, would expand the service area of an existing commercial intersection. 4. The subject site is physically suitable for the requested CG-1 land use designation. The intersection is presently designated and developed as a commercial district. Any additional utilities or other required city services would be reviewed at the time a development is proposed and implemented when such a development is 'approved. Furthermore, Pepper Avenue and Rialto Avenue form a major arterial intersection capable of accommodating the additional traffic that would be created by a commercial land use consisting of 0.5 acres. t (� ATTACHMENT "D" a � JAN N 0 5" CITY OF SAN BERNARDIN O f��J CITY OF INTEROFFICE MEMORANDUM SAiV 8ERNAROINO DEP BUILBNT O cry ANNf;JG .G S�RVIC_S TO: Gustavo J. Romo, Planner, Department of Planning & Building Services FROM: Council Office SUBJECT: General Plan Amendment 95-06 & Lot Line Adjustment 95-04 DATE: January 5, 1996 COPIES: Reference our telephone conversation pertaining to General Plan Amendment No. 95-06 & Lot Line Adjustment No. 95-04. In my opinion, the northwest comer of Rialto Avenue and Pepper Avenue should be considered as an expansion of the Mobilehome Park. Once Pepper Avenue is widened south of Mill Street to Valley Blvd., Santa Fe intermodel vehicles will be utilizing Pepper Avenue from Foothill, south to Valley Blvd. Ingress egress to that comer is going to create a traffic problem. RALPH HERNANDEZ Councilman, Third Ward RH:sr r Pepper Tree Mobile Home Park O"J"IL fl"ICE 2930 W. Rialto Ave. CI T OF S III Rialto, CA. 92376 The Common Council City Hall 300 N. "D" St. San Bernardino, CA. 92401 We are aware the City Council has authority to reject the Planning Commissions acceptence. We are , respectfully requesting the council to reject the commission ' s decision on this matter . Thank you . The Concerned residents of the Pepper Tree Mobile Home Park From: Howard Leidner 2930 W. Rialto Avenue, Sp. 44 Rialto, CA 92376 874-2268 Entered into Record at CouncillCmyDevCms Mtg: __ by re Agenda Item z City Clerk/CDC Secy City of San Bernardino To: San Bernardino City Council From: The residents of the Pepper Tree Mobile Home Park Re : The decision by the Planning Commission to change the RU-1 zone near the park to a CG-1 zone . Proper notification was not not given to the on-site Manager and the park residents . Only two or three residents in a seventy-two unit park received notices . At the meeting, it was said that the files are kept up-to-date . If that is true , then those files have not been updated in over twenty years . If all the residents of the park had been actually notified, more people from the park would have been there to oppose the application. Another mini-mall or gas station/ mini-mart would just add to more traffic and more crime . The erection of walls will not protect park residents , unless razor wire is placed along the top of the wall , which would have to be higher then currently allowed by city code . This higher than usual wall height would be needed to give the residents peace of mind . After all , criminals do, and will , climb over walls and/ or fences . We have enough Robberies , shootings , and police chases through the park, as well as having the Sheriff ' s helicopter flying overhead, shining its big searchlight in our windows , and that is with the existing mini-mall that lies to the east of the park. 2 - Having nother mini-mall or as station/on mini-mart in the g / area would create more hazards , and destroy the quality of life for all residents as it exists today. There have been numerous break-ins , robberies , and car thefts , with one resident being injured in the process while trying to stop the car thief . It should also be noted that traffic at this intersection is extremely heavy, fast, and at some times of the day, congested . There have also been many multi-car accidents at this intersection . Another mini-mall or gas station/ mini-mart would just multiply all this craziness . Those of us who did attend the meeting to oppose the application feel that the planning commission had already ® made up their minds to approve the application. This meeting was just a formality to rubber stamp the application . Allowing opposing views to be heard apparently had no bear- ing on the decision , as it is required by law. Sincerely, The Concerned Residents of the Pepper Tree Mobile Home Park P. S. A copy of the Planning Commission hearing notice is enclosed. Q cc . Mayor City Council Rita Arias CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND B`1ILDING SERVICES OFFICIAL NOTICE OF PUBLIC HEARING BA FORE THE CITY OF SAN BERNARDINO PLANNING COMMISSION SUBJECT: GENERAL PLAN AMENDMENT NO. 95-06 AND LOT LINE Ward No. ADJUSTMENT NO. 95-04 3 PROPOSAL: To amend the General Plan from the current RU-1, Residential Urban designation to the CG-1, Commercial General designation. PROPERTY LOCATION: The subject property is a rectangularly-shaped parcel of land consisting of about 0.53 acres located at the northwest corner of Rialto Avenue and Pepper Avenue having a frontage of about 131 feet on the north side of Rialto Avenue and a frontage of 137 feet on the west side of Pepper Avenue and being located about 50 feet west of the centerline of Pepper Avenue. Environmental Recommendation: Exempt from CEQA, Section 15061(b)(3) PUBLIC HEARING LOCATION: HEARING DATE AND TIIt1E: SAN BERNARDINO CITY HALL Tuesday, February 20, 1996, at 7:00 p.m. COUNCIL CHAMBERS 300 NORTH "D" STREET SAN BERNARDINO, CALIFORNIA 92418 n..etailed description of the proposal is on file in the Planning and Building Services Department at City Hall. If you would like further information about this proposal prior to the public hearing,please contact the Planning and w Building Services Department in person or by phoning(909)384-5057. a w CL The Planning Commission is requesting your participation. If you are unable to attend, you may submit written comments in favor of or in opposition to the �•� proposal to the Planning and Building Services Department,San Bernardino City Hall,300 North 'D' Street, San Bernardino,CA 92418. Decisions of the Planning Commission are final concerning Conditional Use Permits, Development Permits,Tentative Tract Maps and Variances, unless ' appealed to the Mayor and Common Council. Appeals to the Mayor and Council must be made in writing, stating the grounds of the appeal and must v Y RIALTO be submitted to the City Clerk along with the appropriate fee within fifteen D days of the decision. w s� Final review and action concerning General Plan Amendments, Development Code Amendments,Specific Plans and Development Agreements will be made by the Mayor and Common Council. - — ffT If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to raising only those issues you or someone else Z t raised at the public hearing described in this notice, or in written Q IRCH O correspondence delivered to the City Planning Division at, or prior to,the I �0� ¢ t a SL public hearing. w a ST D U 1 Individual testimony on aeenda items will he strictly limited to five minutes ne r ^ a 0 eeM) The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters.