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HomeMy WebLinkAboutMC-1412 Adopted: March 2, 2015 Effective: April 2, 2615 1 ORDINANCE NO. MC-1412 2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MAP AMENDMENT 14-16 TO CHANGE THE ZONING DISTRICT FROM 3 RESIDENTIAL MEDIUM HIGH (RMH) AND OFFICE INDUSTRIAL PARK (OIP) 4 TO INDUSTRIAL (IL) ON 19.65 ACRES TO CONSTRUCT A 427,000-SQUARE FOOT WAREHOUSE FACILITY ON THE EAST SIDE OF WATERMAN AVENUE, 5 1,000 FEET NORTH OF MILL STREET. 6 WHEREAS, on January 21, 2015, the Planning Commission of the City of San 7 Bernardino held a noticed public hearing to consider public testimony and the staff report 8 recommending approval of General Plan Amendment (GPA) 14-08, Zoning Map Amendment 9 (ZMA) 14-16, Tentative Parcel Map 19573 and Development Permit-P 14-05 to construct a 10 427,000-square foot warehouse facility, located on the east side of Waterman Avenue, 1,000 11 feet north of Mill Street and recommended approval of the proposed General Plan 12 Amendment, Zoning Map Amendment, Tentative Parcel Map 19573 and Development Permit-P 14-05 to the Mayor and Common Council; and 13 WHEREAS, notice of the February 17, 2015 public hearing for the Mayor and 14 Common Council's consideration of the proposed Ordinance was published in The Sun 15 newspaper on February 6, 2015, and was mailed to property owners within a 500 foot radius 16 of the project site in accordance with Development Code Chapter 19.52. 17 18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 20 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 21 are true and hereby adopt and incorporate them herein. 22 23 SECTION 2. Findings of Fact. 24 1. The proposed amendment will result in removing the existing Residential and Office 25 Industrial Park land use designations/zoning districts from the site, resulting in the entire site 26 having the Industrial Light (IL) land use designation/zoning district. The IL is intended to 27 retain, enhance, and provide for the new development of lighter industrial uses along major 28 vehicular, rail, and air transportation routes serving the City. The change in land use/zoning 1 MC-1412 1 would provide a single land use/zoning district over the entire 19.65-acre parcel and will 2 allow the development of an industrial warehouse, which is consistent with the light industrial uses in the project vicinity, located to the south and east of the project site. The project is 3 consistent with the following General Plan policies: 4 5 Policy 2.5.6, which requires that new development be designed to complement and not 6 devalue the physical characteristics of the surrounding environment, including consideration 7 of the site's natural topography and vegetation, surrounding exemplary architectural style with 8 tower elements along with complimentary earth-toned colors, including shades of beige and 9 white with blue glazing on the windows fronting Waterman Avenue and Policy 5.7.6, which 10 encourages architectural detailing, which includes richly articulated surfaces and varied fagade treatment, rather than plain or blank walls. 11 12 2. The proposed amendment will not be detrimental to the public interest, health, safety, 13 convenience, or welfare of the City in that amendment from RMH and OIP to IL will facilitate 14 the development of a warehouse facility on a parcel that is partially developed with 15 commercial and industrial buildings in need of rehabilitation. The project site has direct 16 access from Waterman Avenue, will be fully served by utility providers, will be constructed in 17 accordance with all applicable codes and regulations, and will not result in the need for the 18 excessive provision of services. 19 3. The proposed amendment from RMH and OIP to IL would affect 19.65 acres of land 20 that are partially developed with commercial and industrial buildings. The proposed 21 amendment maintains an appropriate balance of land uses by providing for the re-use of an 22 existing industrial property. The proposed amendment will not change the balance of land 23 uses in the City. 24 25 4. The project site consists of nine parcels that are proposed to be merged into one, 26 19.65-acre parcel. The parcel will be generally flat with direct access at two locations along 27 Waterman Avenue. Utilities are available directly from Waterman Avenue. A 427,000-square foot warehouse is proposed on the site. The site is sufficient in size to meet parking, loading 28 2 MC-1412 1 and landscaping requirements. There are no physical constraints on the site, such as steep 2 slopes or watercourses. 3 SECTION 3. Compliance with the California Environmental Quality Act. 4 5 1. The Mayor and Common Council has independently review, analyzed and exercised 6 judgment in finding that General Plan Amendment 14-08, Zoning Map Amendment 14-16, 7 Tentative Parcel Map 19573 and Development Permit-P 14-05 will have no significant 8 adverse effect on the environment with incorporation of the proposed mitigation measures, 9 and determining that the Mitigated Negative Declaration, as accepted by the Development and 10 Environmental Review Committee as to the effects of this proposed project, is hereby adopted. 11 12 2 Mitigation measures identified in the Mitigated Negative Declaration have been 13 compiled in a Mitigation Monitoring and Reporting Program (MM/RP) for the project. The 14 Mayor and Common Council hereby approves the MM/RP attached as Exhibit A, and 15 incorporated herein by reference. 16 17 SECTION 4 — General Plan Amendment 14-08, attached hereto as Exhibit B and 18 incorporated herein by reference, will be adopted by separate action of the Mayor and Common Council. 19 20 SECTION 5 - Zoning Map Amendment 14-16, attached hereto as Exhibit C and 21 incorporated herein by reference, is hereby adopted. 22 23 SECTION 6 - Tentative Parcel Map 19573 and Development Permit-P 14-05-will be 24 approved concurrently by motion by the Mayor and Common Council. 25 26 SECTION 7 - Notice of Determination The Planning Division is hereby directed to 27 file a Notice of Determination with the County Clerk of the County of San Bernardino 28 3 MC-1412 1 certifying the City's compliance with California Environmental Quality Act in preparing the 2 Mitigated Negative Declaration. 3 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or 4 clause or phrase in this Ordinance or any part thereof is for any reason held to be 5 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 6 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 7 part thereof. The Mayor and Common Council hereby declares that it would have adopted 8 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 9 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 MC-1412 1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MAP AMENDMENT 14-16 TO CHANGE THE ZONING DISTRICT FROM 2 RESIDENTIAL MEDIUM HIGH (RMH) AND OFFICE INDUSTRIAL PARK (OIP) TO INDUSTRIAL (IL) ON 19.65 ACRES TO CONSTRUCT A 427,000-SQUARE 3 FOOT WAREHOUSE FACILITY ON THE EAST SIDE OF WATERMAN AVENUE, 4 1,000 FEET NORTH OF MILL STREET. 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 2nd day of March, 2015,by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT x 10 MARQUEZ 11 BARRIOS x 12 VALDIVIA x 13 x SHORETT 14 15 NICKEL x x 16 JOHNSON 17 MULVIHILL x 18 r 19 20 George n Hanna, ty Clerk 21 The foregoing Ordinance is hereby approved this day o 1 arch, 2015. 22 23 ' R. CAREY AVIS, Mayor 24 Approved as to form: City of San Bernardino 25 Gary D. Saenz, City Attorney �l 26 By. 27 28 5