Loading...
HomeMy WebLinkAbout05.H- Community Development 5.H ORDINANCE (ID#3267) DOC ID: 3267 C Q CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 07/07/2014 Prepared by: Brenda Leggitt, (909) 384-5057 Dept: Community Development Ward(s): City-Wide Subject: Ordinance of the City of San Bernardino Adopting Development Code Amendment (Zoning Map Amendment) 14-15, a City-Initiated Request to Amend Development Code Chapter 19.19A and the City's Zoning Map to Add Certain Parcels Located at 133 South E Street to the TD Overlay. (FINAL READING) (#3267) Current Business Registration Certificate: Financial Impact: Increased property tax and sales tax of an undetermined amount to accrue to the City. Motion: Adopt the Ordinance. Synopsis of Previous Council Action None. Background: On May 21, 2014, the Planning Commission recommended that the Mayor and Common Council approve Development Code Amendment (Zoning Map Amendment) 14-15, based upon the Findings of Fact contained in the staff report. 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 area is maintained. To ensure that the integrity of the TD Overlay is met, staff has initiated this amendment. f Staff has received a request to add parcels at 133 S. E Street to the TD Overlay Zone. Updated: 6/17/2014 by Linda Sutherland C Packet Pg. 199 3267 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. May 5, 2014 -A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on March 8, 2014, advertising the March 21, 2014 Planning Commission hearing on DCA 14-15. March 15, 2014 - The Development/Environmental Review Committee (D/ERC) reviewed the request for DCA 14-15. May 20, 2014 -the Legislative Review Committee(LRC)reviewed the request for DCA 14-15. ANALYSIS As indicated above, staff received a request to remodel an existing 6,900 square foot vacant building for a Mexican food restaurant. The last tenant in the building was a discount store that closed in 2005. The property is comprised of two separate parcels (APN 0139-121-33 and -39) that total 27,000 square feet. The property is at the southeast corner of E Street and the railroad tracks, and directly across from the new Transit Center parking lot. The property is currently not within the TD Overlay Zone and does not have enough parking for a restaurant use. Inclusion of the property within the Overlay allows the property to have the same benefits as the property immediately across E Street. The review and approval of the restaurant use will be processed at a staff level through a subsequent Administrative Permit. The current request only involves adding the property to the TD Overlay Zone. The net result of the requested action would be to amend the Zoning Map and Figure 10 of San Bernardino Development Code Chapter 19.19A.020 TD Zone to reflect the addition of the two p p ( ) parcels totaling 27,000 square feet. 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 j developers to modernize and improve the quality of design of certain properties located I i Packet Pg. 200 Updated: 6/17/2014 by Linda Sutherland C 3267 adjacent to the Transit Center. The TD Overlay will allow the property to have the same benefits as property immediately across E Street. Thus, the amendment will be consistent u, 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 add two parcels to the TD Overlay Zone. Further, the amendment 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. 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. Updated: 6/17/2014 by Linda Sutherland C Packet Pg. 201 3267 CONCLUSION The proposed project satisfies all Findings of Fact for approval of Development Code Amendment/Zoning Map Amendment No. 14-15. RECOMMENDATION Closed the hearing; and lay over Ordinance for final adoption. City Attorney Review: Supportinp_Documents: Ord 3267 (PDF) EXHIBIT A (DOCX) EXHIBIT B (DOCX) Attachment 1 PC Staff Report (PDF) Attachment 2 PC Minutes 5.21.2014 (DOCX) Attachment 3 Display DCA (DOC) i i i f M Updated: 6/17/2014 by Linda Sutherland C 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-15, A 3 CITY-INITATED REQUEST TO AMEND DEVELOPMENT CODE CHAPTER 4 19.19A AND THE CITY'S ZONING MAP TO ADD CERTAIN PARCELS LOCATED AT 133 SOUTH E STREET TO THE TD OVERLAY. 5 6 WHEREAS,the current Development Code was initially implemented in 1991; and 7 WHEREAS,the current General Plan was initially implemented in 2005; and WHEREAS, on May 21, 2014, the Planning Commission of the City of San 8 Bernardino held a noticed public hearing to consider public testimony and the staff report N 9 recommending approval of Development Code Amendment (Zoning Map Amendment) 14- a� 10 IS, and recommended approval of the proposed Development Code Amendment(Zoning Map a 11 Amendment) 14-15 to the Mayor and Common Council; and c 12 WHEREAS, notice of the public hearing for the Mayor and Common Council's 2 Y W 13 consideration of the proposed resolution was published in The Sun newspaper on May 30, Q 14 2014. 15 U NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE o 16 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: N 17 18 SECTION 1. The Mayor and Common Council find that the above-stated Recitals M 19 are true and hereby adopt and incorporate them herein. 0 20 SECTION 2. Findings of Fact. 21 L 22 1. The proposed amendment will be consistent with the General Policy 2.2.1, which 23 calls for compatibility between land uses and quality design through adherence to the 24 standards and regulations in the Development Code and policies and guidelines in the 25 Community Design Element. The amendment will result in allowing developers to 26 modernize and improve the quality of design of certain properties located adjacent to the 27 Transit Center. The TD Overlay will allow the property to have the same benefits as 28 Packet Pg. 203 1 property immediately across E Street. Thus, the amendment will be consistent with this 2 policy. 3 2. The proposed amendment will add two parcels to the TD Overlay Zone. Further, the 4 amendment will enable the development/redevelopment of underperforming and blighted 5 parcels with new, high-quality development that will benefit the public interest, health, 6 safety, convenience and welfare of the City, rather than be detrimental to it. 7 8 SECTION 3. Development Code Amendment (Zoning Map Amendment) 14-15, o 9 attached hereto as Exhibits A and B and incorporated herein by reference, is hereby L approved. 10 0 0 11 SECTION 4. Compliance with the California Environmental Quality Act. The o 12 ° Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt 13 from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of a LO 14 the CEQA Guidelines, because the effect of the amendment would not result in a significant 15 direct or reasonably foreseeable indirect physical change in the environment. o 16 N 17 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or ti 18 clause or phrase in this Ordinance or any part thereof is for any reason held to be M 19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision o 20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or (D E 21 any part thereof. The Mayor and Common Council hereby declares that it would have 22 adopted each section irrespective of the fact that any one or more subsections, subdivisions, 23 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 24 25 26 /II 27 III ° 28 Packet Pg.'204 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-15, A 2 CITY-INITATED REQUEST TO AMEND DEVELOPMENT CODE CHAPTER 19.19A AND THE CITY'S ZONING MAP TO ADD CERTAIN PARCELS LOCATED 3 AT 133 SOUTH E STREET TO THE TD OVERLAY. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 2014, by the following vote to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT o MARQUEZ N 9 BARRIOS d 10 VALDIVIA 0 0 11 SHORETT o 12 NICKEL 0 r JOHNSON 13 MULVIHILL a 14 r 15 0 16 Georgeann Hanna, City Clerk M 17 18 The foregoing Resolution is hereby approved this day of M 19 , 2014. 0 w 20 E 21 R. CAREY DAVIS, Mayor a 22 A pp roved as to fo rm: City of San Bernardino 23 GARY D. SAENZ, City Attorney 24 25 B Y= 26 27 28 Packet Pg. 205 EXHIBIT A Development Code Section 19.19A.020 Figure 10 (E Street and Rialto Avenue Transit Station Area) 5th co pith 4th Court Court y N -i w y t � t 9 � 2nd _ i U. �MH 111$ ; ..1 e �� O 1 ri 3 a. t- - ,....�. 7 Oft 400 mom ww ► . a LO ongressfi r Julia C _ m_. _. _e - U Athol ' ti t t0 € --W Cluster . sow r"lr.......,� t Valley Velarde S i } m t _ — i � ° w Birch 2 4 rs Oak d x 4 17 a " } . r __ 3 t Transit Station _ § +° Build-to Line W ..m (see section 19.19A.040) a Parcels to be added Packet Pg. 206 5.H.c EXHIBIT B m c N A cv L d O L0L � r 0 0 LO i.+ Q I £ * r U O i h to N M m ' Parcels to be added m FE x w c a� E v c� r Q I Packet Pg. 207 5.H.d AGENDA ITEM #8 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment/Zoning Map Amendment No. 14-15 HEARING DATE: May 21, 2014 WARDS: 1St a� C 0 APPLICANT: N City of San Bernardino Attn.: Mark Persico,AICP 300 N. "D" Street o San Bernardino, CA 92418 0 (909 387-5357 Persico ma @sbcity.org v REQUEST AND LOCATION: ¢ Ln A City-initiated request to amend Development Code Chapter 19.19A.020 (Figure 10) and the r City's Zoning Map to add certain parcels at 133 S. E Street to the TD Overlay. a n CONSTRAINTS/OVERLAYS: M Not applicable. ENVIRONMENTAL FINDINGS: to U ® Exempt from CEQA—Section 15061(b)(3) ❑ No Significant Effect ❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program ❑ Environmental Impact Report c CD STAFF RECOMMENDATION: E s U ❑ Approval Q ❑ Conditions ❑ Denial ❑ Continuance to: ® Recommend to Mayor and Common Council Packet Pg. 208 S.H.d DCA 14-15 May 21,2014 Page 2 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. m c Due to the fact that the TD Overlay was recently approved and therefore, has not been "tested" N with new development or redeveloped properties in the TD Overlay areas, staff believes that M under most circumstances,the TD Overlay areas should be left intact,per Council direction,until CD actual development occurs. However, staff recognizes that some fine-tuning of the various O Overlay boundaries may be warranted, as long as the integrity of the TD Overlay area is ° maintained. To ensure that the integrity of the TD Overlay is met, staff has initiated this 2 amendment. o r Staff has received a request to add parcels at 133 S. E Street to the TD Overlay Zone. a LO BACKGROUND 4 r a July 2012 — the Mayor and Common Council approved San Bernardino Development Code o (SBDC) Chapter 19.19A, the standards and design guidelines for the TD Overlay. N May 5, 2014—A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on March 8, 2014, advertising the March 21, 2014 Planning Commission hearing on DCA 14-15. Q W March 15, 2014 — The Development/Environmental Review Committee (D/ERC) reviewed the request for DCA 14-15. U d May 20, 2014—the Legislative Review Committee(LRC) reviewed the request for DCA 14-15. c a� ANALYSIS L U t4 As indicated above, staff received a request to remodel an existing 6,900 square foot vacant a building for a Mexican food restaurant. The last tenant in the building was a discount store that closed in 2005. The property is comprised of two separate parcels (APN 0139-121-33 and -39) that total 27,000 square feet. The property is at the southeast corner of E Street and the railroad tracks, and directly across from the new Transit Center parking lot. a The property is currently not within the TD Overlay Zone and does not have enough parking for a restaurant use. Inclusion of the property within the Overlay allows the property to have the same benefits as the property immediately across E Street. The review and approval of the restaurant use will be processed at a staff level through a subsequent Administrative Permit. The current request only involves adding the property to the TD Overlay Zone. Packet Pg. 209 DCA 14-15 May 21,2014 Page 3 The net result of the requested action would be to amend the Zoning Map and Figure 10 of San Bernardino Development Code Chapter 19.19A.020 (TD Zone) to reflect the addition of the two parcels totaling 27,000 square feet. FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan. m c The proposal is to amend the boundaries of the TD Overlay in certain areas. The General N 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 O General Plan. ° 0 Y The amendment is also consistent with the following General Plan policy: o Y_ 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 U) r guidelines in the Community Design Element. The amendment will result in allowing 4 T developers to modernize and improve the quality of design of certain properties located q adjacent to the Transit Center. The TD Overlay will allow the property to have the same o benefits as property immediately across E Street. Thus, the amendment will be consistent with this policy. M 2. The proposed amendment would not be detrimental to the public interest, health, safety, 0 convenience, or welfare of the City. The proposed amendment will add two parcels to the TD Overlay Zone. Further, the N amendment will enable the development/redevelopment of underperforming and blighted a 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. E FINANCIAL IMPACT Y Y Q There will be no direct impact to the General Fund. d CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Ec 0 Y Y The proposed Development Code Amendment is exempt from CEQA pursuant to Section Q 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. Packet Pg. 210 DCA 14-15 My 21, 2014 Page 4 z CONCLUSION The proposed project satisfies all Findings of Fact for approval of Development Code Amendment/Zoning Map Amendment No. 14-15. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Development Code N Amendment/Zoning Map Amendment No. 14-15 to the Mayor and Common Council, based a upon the Findings of Fact contained in the staff report. Respectfully Submitted, 0 �•�^—�•,�� ter-~" -- C Mark Persico, AICP Interim Director of Community Development 4 it T Attachment A Proposed revisions to Figure 10 of SBDC Chapter 19.19A.020 Attachment B Existing and proposed Zoning Maps o N U Y c E v a> U Q ti4 Packet Pg. 211 C EXHIBIT A "iU Vi on 7 nti* RLI NA'j I f � € m N �C rc L 4 O o --A o d 6 0 LO ,HI - �, E M �d CL d a,. *>---� � ,..� ---•.::"�1 ��,..."...._-,�y � to I p Lj tt Transit tn U R / (sea section 19.19A.040) Zo„v a C CD E t U IC Parcels to be added Packet Pg. 212 `5.H. EXHIBIT B I I 0 N A 42 L O r it ,..� H1 � 123'—" r ` GINGHESS Si 1 4 T U ~ 0 a REE N M ATHOI I niHU1 IT 0 ...i. Q NN0 G7. W Cn Parcels to be added v a r Z C E t V fC r.+ w Q wi N E s u Q Packet Pg.213 Larry Heasley,Chair Lance Durr,Vice-Chair Andrew Machen r Amelia S Lopez CITY OF SAN BERNARDINO - Frederick Grochulski Dustin Barnhardt Kent Paxton COMMUNITYDEVELOPMENT DEPARTMENT Casey Dailey 300 North "D"Street, San Bernardino, California 92418 Michael Thomas Phone:(909)384-505715071 • Fax:(909)384-5080 Bob Brown,Alt. PLANNING COMMISSION MINUTES May 21,2014 N MINUTES OF APRIL 16, 2014 0 CONDITIONAL USE PERMIT 14-01 °r 0 TENTATIVE PARCEL MAP 19533 (SUBDIVISION 14-08) AND CONDITIONAL USE o PERMIT 14-10 w CONDITIONAL USE PERMIT 13-12 W) r CONDITIONAL USE PERMIT 14-02 Q v DEVELOPMENT CODE AMENDMENT 14-13 t N DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE PERMIT 14-09 "= �r r DEVELOPMENT CODE AMENDMENT 14-15 N r N N I QS C V n. N C d E U f6 Q C d E U t0 Q Packet Pg. 214 s i i 8. DEVELOPMENT CODE AMENDMENT 14-15 A request to add a parcel of land at 133 S. E Street to the Transit District (TD Overlay) Zone and an Administrative Development Permit for a restaurant to reuse a vacant building at 133 S. E Street. Environmental Determination: Exempt from CEQA—Section 15061(b)(3) Applicant: City of San Bernardino APNs: City Wide Ward: All N0 A cC Recommended Motion: Staff recommends that the Planning Commission recommend approval of Development Code Amendment/Zoning Map Amendment 0' 14-15 to the Mayor and Common Council, based upon the Findings of Fact p contained in the staff report. o c 0 Mark Persico, Interim Community Development Director, gave a brief presentation of the project. ¢ r 0 Donn Dimichele, Deputy City Attorney, suggested that the Commission be advised of the name of the owner of the property due to the fact that it does not affect the City as a whole, U but rather one property. °. r� Mark Persico, Interim Community Development Director, stated that he did not have that M information accessible to supply the Commission, but described the business as family r oriented. ° N Chair Heasley made an inquiry with the Commission and asked if anyone knew the owner LO of the property in question, that would result in them obtaining. 0 0 Commissioner Dailey stated that it had just been recently acquired by the new owner. U n. Chair Heasley just wanted to make sure there was no violation with the Commission. 0 Mark Persico, Interim Community Development Director, stated that the owner resided and was located out of Hemet. ° w Commissioner Dailey said that this was a great idea. He asked if the owners had submitted an application yet for the project. U Mark Persico, Interim Community Development Director, confirmed that they had Q submitted an application. Commissioner Dailey said that as a previous SANBAG employee who is aware of three project that comprise the Transit Center, the railroad tracks for the Redlands Passenger Rail where this property or adjacent to, might be subject to land acquisition as part of the Passenger Rail project. Packet Pg. 215 f { Commissioner Lopez asked about the parking for the location. Mark Persico, Interim Community Development Director said that they currently have site parking but it does not meet the standards if they were outside the TDO District. If they were located outside of the TDO, they would be able to continue processing their application. Commissioner Barnhardt said that as time goes on, we seem to be encompassing more areas as we deem fit. He inquired whether this would keep happening in a case by case basis. His concern is that there doesn't seem to be a fair practice for everyone, and wanted to know N if there was a time line for continuing to expand or contract these borders. i N Mark Persico, Interim Community Development Director, said an exact date is uncertain, o but staff had the same concern. A lot of the projects that were present at the last meeting ° have been in the works for several months. It is staff's hopes that those projects are now o cleared out so we can set a more firm course, so that this isn't a reoccurring issue. o Commissioner Barnhardt expressed concern about applicants being treated differently depending on the business. He doesn't want someone else to be unfairly benefited. Ln r 4 Chair Heasley asked if this facility,without being in the TOD, cannot be used as a restaurant Q due to inadequate parking. U Mark Persico,Interim Community Development Director, said yes,that is correct. Chair Heasley asked if it was directed primarily towards transit riders or pedestrian traffic. o N r Mark Persico, Interim Community Development Director, said that it does have onsite N parking, but it would not have sufficient parking outside of the TOD District. Chair Heasley commented that this would make a change that would benefit just one business owner, but he's afraid of`opening a can of worms' so to speak. He referenced what Commissioner Dailey had said earlier about piecing sections in little bit at a time and it a; concerns him that special privileges are being granted. E Mark Persico, Interim Community Development Director, said he understands the concern. He stated that staff was unsure as to why on the East side it stopped at the rail road Q tracks but on the West side, it spans several hundred feet. u d Commissioner Dailey said that the TD Overlay was crafted specifically looking at station location and then for the BRT quarter mile radius. He agrees with both comments made 2 about the `expansion creep' that seems to be happening. He also commented on the timing a of the infrastructure agreements, and said the Metrolink project is under construction currently, and the Transit Center which is right across the street, is also under construction. Planning ten years out for a project today might not make the most sense, but this change is something he agrees with. AV A Packet Pg. 216 Senior Planner Aron Liang commented on the layout of the project. It has an obscure location and a driveway which is one way in and one way out. As the surrounding areas are progressing and moving forward, without the benefit of this amendment, the subject parcels would be left without an opportunity to advance. Chair Heasley said that the TOD should not be piecemealed in that it should go on both sides of the rail road tracks for an extended distance. Looking at the handout of the current TOD, he commented that it should go over to Sierra parallel to the tracks, so that it would be in the shape of a square instead of an odd shape. It would then include all the businesses in that area and they would then be legal non-confirming. Commissioner Dailey said that the shape of the TOD was irregular, and at the time was 0 done for a reason. ° 0 Y Chair Heasley asked that the negative aspects would be with these businesses being o included in the TOD as an existing legal non-conforming. Mark Persico, Interim Community Development Director, said that outside of making all LO those businesses and uses non-conforming, the property owners would have concerns with that. The other issue is pedestrian traffic and not having any decent access. For the parcels on the east side of E Street, they had thought about extending that down to Valley, but the o building immediately south of this location is a PepBoys, and that would immediately make ti them non-conforming. N Chair Heasley said that he would rather take the TOD east along the tracks. He wants to try o to avoid coming to commission several times to continue to add things in. He would rather N make one large decision to include or exclude areas instead of piece by piece. This process N LO raises questions about preferential treatment for certain business owners. Senior Planner Aron Liang said that staff was reviewing this based on physical constraints and development opportunities. v o. N Commissioner Dailey made a motion to recommend approval of Development Code Amendment/Zoning Map Amendment 14-15 to the Mayor and Common Council,based upon the Findings of Fact contained in the staff report. r Commissioner Thomas seconded the motion. Q a� The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Brown. Absent: None. Q y Packet Pg. 217 ADJOURNMENT Commissioner Dailey made a motion which was unanimously carried, to adjourn the Planning Commission meeting at 10:00 p.m. The next regular meeting was scheduled for Wednesday, June 21, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San Bernardino, California. a� Minutes Adopted by Planning Commissioners: o N A Date Approved: L Minutes Prepared by: 0 0 0 c a Stephanie Sanchez Executive Assistant Q LO 4 T Q U O ti N M r O N r N LO N d a+ C U a N a.. C d E V R r.+ Q C d E V tC a. a Packet Pg. 218 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,June 16,2014, 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 14-13 -A City-initiated request to amend Development Code Section 19.19A.060, Permitted and Conditionally Permitted Uses in the Transit District (TD) Overlay Zone, to allow use exceptions under certain circumstances. Proposed by: City of San Bernardino Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) 0 N DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE PERMIT 14-09—A City-initiated request to amend Development Code Chapter 19.06(Commercial Districts) Section 19.060.25 (1)(A) Smoke Shops, Section 19.060.25(2)for shopping centers over 200,000 square feet and Conditional Use Permit(CUP)14-09 to relocate > 0 an existing check cashing business. The site subject for CUP 14-09 is located at 761 West 2nd Street,in the Commercial �y General(CG-1)zone. 0 r Proposed by: City of San Bernardino 0 Environmental Recommendation: Exempt from CEQA—Section 15301—Existing Facilities w LO DEVELOPMENT CODE AMENDMENT 14-15 -A City-initiated request to amend Development Code Chapter j 19.19A.020(Figure 10)and the City's Zoning Map to add certain parcels at 133 S.E Street to the TD Overlay. � Q Proposed by: City of San Bernardino Environmental Recommendation: Exempt from CEQA—Section 15301 —Existing Facilities r. 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 Q welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please 0 contact the Community Development Department at City Hall,or by phone at(909)384-5057. CL If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those T 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. m E U Submitted: May 27,2014 r: Publish: May 30,2014(minimum 1/8 Page Ad) Q w Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanie ,sbcity..org. m E Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North v "D"Street,San Bernardino,CA 92418 Packet Pg. 219