HomeMy WebLinkAboutMC-1420 Adopted: March 21, 2016
Effective: April 21, 2016
1 ORDINANCE NO. MC-1420
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING GENERAL PLAN AMENDMENT 15-01 TO CHANGE
3 THE LAND USE DESIGNATION OF 10.94 ACRES FROM RESIDENTIAL TO
4 RESIDENTIAL AND COMMERCIAL AND DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 15-03 TO CHANGE THE ZONING DISTRICT
5 FROM RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL MEDIUM (RM) AND
COMMERCIAL GENERAL (CG-1) IN ORDER TO ALLOW THE DEVELOPMENT,
6 ESTABLISHMENT OF OPERATION OF A COMMERCIAL BUILDING
7 CONTAINING APPROXIMATELY 3,000 SQUARE FEET WITH A DRIVE-THRU.
THE PROJECT SITE IS LOCATED ON THE NORTHEAST CORNER OF
8 UNIVERSITY PARKWAY AND STATE STREET.
9 WHEREAS, the current City of San Bernardino Development Code was initially
10 implemented in 1991; and
11 WHEREAS, the current City of San Bernardino General Plan was initially
12 implemented in 2005; and
13 WHEREAS, on January 20, 2016, the Planning Commission of the City of San
14 Bernardino held a noticed public hearing to consider public testimony and the staff report
15 recommending adoption of the Mitigated Negative Declaration and the approval of General
Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-03,
16 Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and
17 Conditional Use Permit 15-13 to the Mayor and Common Council; and
18 WHEREAS, notice of the public hearing for the Mayor and Common Council's
19 consideration of the proposed Ordinance was published in The Sun newspaper on February
20 22, 2016.
21 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
22 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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are true and hereby adopt and incorporate them herein.
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26 SECTION 2. Findings of Fact—General Plan Amendment 15-01.
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28 Finding No. 1: The proposed amendment is internally consistent with the General Plan.
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1 Finding of Fact: The proposed amendment will result in removing the existing
2 Residential land use designation from the subject 1.14 acre portion of
3 the existing site, resulting in approximately 9.80 acres remaining with a
4 Residential R land use designation and approximately 1.14 acres with a
5
new Commercial land use designation. The new Commercial land use
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7 designation will provide for the accommodation of the development,
8 establishment and operation of a commercial building containing
9 approximately 3,000 square feet with a drive-thru with the required on-
10 site and off-site improvements consistent with the City's Development
11
Code.
12
13 Policy 2.5.6, which requires that new development be designed to
14 complement and not devalue the physical characteristics of the
15 surrounding environment, including consideration of the site's natural
16 topography and vegetation, surrounding exemplary architectural style
17 with tower elements along with complimentary earth-toned colors.
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Policy 5.7.6, encourages architectural detailing, which includes richly
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20 articulated surfaces rather than plain or blank walls.
21 Additionally, the City of San Bernardino General Plan includes goals
22 and policies to guide future development within the City, including the
23 following: 1) enhance the aesthetic quality of land uses and structures
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in San Bernardino; 2) enhance the quality of life and economic vitality
25
26 in San Bernardino by strategic infill of new development and
27 revitalization of existing development; and, 3) control development and
28 the use of land to minimize adverse impacts.
2
1 Finding No. 2: The proposed amendment would not be detrimental to the public
2 interest, health, safety, convenience, or welfare of the City.
3 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
4 health, safety, convenience, or welfare of the City in that amendment
5
from Residential to Commercial for the proposed 1.14 area portion of
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7 the subject 10.95 acre site will facilitate the development, establishment
8 and operation of a commercial building containing approximately 3,000
9 square feet with a drive-thru with the required on-site and off-site
10 improvements consistent with the City's Development Code. The
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project site has direct access from both University Parkway and State
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13 Street, will be fully served by utility providers, will be constructed in
14 accordance with all applicable codes and regulations, and will not result
15 in the need for the excessive provision of services.
16 Finding No. 3 The proposed amendment would maintain the appropriate balance of
17 land uses within the City.
18
Finding of Fact: The proposed amendment from Residential to Commercial for portion
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20 of the subject 10.94-acre site will affect only 1.14 acres of land that is
21 currently under-utilized. The proposed amendment maintains an
22 appropriate balance of land uses by providing for the re-use of an
23 existing property. Thus, the proposed amendment will not change the
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balance of land uses in the City.
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26 Finding No. 4 The subject parcels are physically suitable (including but not limited to,
27 access, provision of utilities, compatibility with adjoining land uses,
28 and adjoining land uses, and absence of physical constraints) for the
3
1 requested land use designation and the anticipated land use
2 development
3 Finding of Fact: The overall 10-94-acre site is currently developed with a 160-unit
4 apartment complex, which occupies 9.80 acres, and the 1.14-acre
5
portion of the site, which is currently under-utilized community open
6
7 space for the existing apartment complex, will provide for the
8 accommodation of the development, establishment and operation of a
9 commercial building containing approximately 3,000 square feet with a
10 drive-thru with the required on-site and off-site improvements
11
consistent with the City's Development Code, and there are no physical
12
constraints on the site, such as steep slopes or watercourses.
13
14 SECTION 3. Findings of Fact — Development Code Amendment (Zoning_Map
15 Amendment) 15-01.
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17 Finding No. 1: The proposed amendment is consistent with the General Plan.
18 Finding of Fact: The proposed amendment will result in removing the existing
19 Residential Medium (RM) zoning district from the subject 1.14 acre
20 portion of the existing site, resulting in approximately 9.80 acres
21
remaining with a Residential Medium (RM) zoning district and
22
23 approximately 1.14 acres with a new Commercial General (CG) zoning
24 district. The new Commercial General (CG) zoning district will provide
25 for the accommodation of the development, establishment and
26 operation of a commercial building containing approximately 3,000
27
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1 square feet with a drive-thru with the required on-site and off-site
2 improvements consistent with the City's Development Code.
3 Finding No. 2: The proposed amendment would not be detrimental to the public
4 interest, health, safety, convenience, or welfare of the City.
5
Finding of Fact: The proposed amendment will not be detrimental to the public interest,
6 health, safety, convenience, or welfare of the City in that amendment
7 from Residential Medium (RM) to Commercial General (CG) for the
8 proposed 1.14 area portion of the subject 10.94 acre site will facilitate
9 the development, establishment and operation of a commercial building
10 containing approximately 3,000 square feet with a drive-thru with the
11 required on-site and off-site improvements consistent with the City's
12 Development Code. The project site has direct access from both
13 University Parkway and State Street, will be fully served by utility
providers, will be construction in accordance with all applicable codes
14 and regulations, and will not result in the need for the excessive
15 provision of services.
16
17 SECTION 4. Compliance with the California Environmental Quality Act.
18 The Mayor and Common Council has independently reviewed, analyzed and exercised
19 judgment in finding that General Plan Amendment 15-01, Development Code Amendment
20 (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654),
21
Development Permit Type-P 15-02 and Conditional Use Permit 15-13 will have no significant
22
23 adverse effect on the environment with incorporation of the Conditions of Approval and
24 mitigation measures; and determining that the Mitigated Negative Declaration, as accepted by
25 the Planning Commission as to the effects of this proposed project, is hereby adopted.
26 SECTION 5. — General Plan Amendment 15-01, attached hereto as Exhibit "A" and
27 incorporated herein by reference, is hereby approved.
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5
1 SECTION 6. — Development Code Amendment (Zoning Map Amendment) 15-03,
2 attached hereto as Exhibit"B" and incorporated herein by reference, is hereby approved.
3 SECTION 7. — Subdivision 15-03 (Tentative Parcel Map 19654), Development
4 Permit Type-P 15-02 and Conditional Use Permit 15-13, as approved by Resolution, is
5 incorporated herein by reference.
6
7 SECTION 8. - Notice of Determination: The Planning Division of the Community
8 Development Department is hereby directed to file a Notice of Determination with the County
9 Clerk of the County of San Bernardino certifying the City's compliance with California
10
Environmental Quality Act in adopting the Mitigated Negative Declaration.
11
12 SECTION 9. Severability: If any section, subsection, subdivision, sentence, or
13 clause or phrase in this Resolution or any part thereof is for any reason held to be
14
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
15
16 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
17 part thereof. The Mayor and Common Council hereby declares that it would have adopted
18 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
19 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING GENERAL PLAN AMENDMENT 15-01 TO CHANGE THE
2 LAND USE DESIGNATION OF 10.94 ACRES FROM RESIDENTIAL TO RESIDENTIAL
AND COMMERCIAL AND DEVELOPMENT CODE AMENDMENT (ZONING MAP
3 AMENDMENT) 15-03 TO CHANGE THE ZONING DISTRICT FROM RESIDENTIAL
MEDIUM (RM) TO RESIDENTIAL MEDIUM (RM) AND COMMERCIAL GENERAL (CG-
4 1) IN ORDER TO ALLOW THE DEVELOPMENT, ESTABLISHMENT OF OPERATION OF
A COMMERCIAL BUILDING CONTAINING APPROXIMATELY 3,000 SQUARE FEET
5 WITH A DRIVE-THRU. THE PROJECT SITE IS LOCATED ON THE NORTHEAST
CORNER OF UNIVERSITY PARKWAY AND STATE STREET.
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 joint regular meeting thereof, held on
8 the 21"ay of March, 2016, by the following vote to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ x
11 x
12 BARRIOS
13 VALDIVIA x
14 SHORETT x
15 NICKEL x
16
RICHARD
17
18
MULVIHILL x
20
21 Georgeadn Hanna, C, City Clerk
22 The foregoing Ordinance is hereby adopted this2clay of March, 2
23
24 J2 1:tm
R. CAREY DA IS, Mayor
25 Approved as to form: City of San B ardino
26 Gary D. Saenz, City Attorney
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By: � 2
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