HomeMy WebLinkAboutMC-1427 Adopted: July 18, 2016
Effective: August 18, 2016
1 ORDINANCE NO. MC-1427
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING GENERAL PLAN AMENDMENT 15-02 TO CHANGE
3 THE GENERAL PLAN LAND USE DESIGNATION OF 25.25 ACRES FROM
4 INDUSTRIAL (APPROXIMATELY 11.5 ACRES) AND OPEN SPACE
(APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL, AND DEVELOPMENT CODE
5 AMENDMENT (ZONING MAP AMENDMENT) 15-04 TO CHANGE THE ZONING
DISTRICT FROM INDUSTRIAL LIGHT (IL) (APPROXIMATELY 7.5 ACRES),
6 OFFICE INDUSTRIAL PARK (OIP) (APPROXIMATELY 4 ACRES) AND PUBLIC
7 COMMERCIAL RECREATION (PCR) (APPROXIMATELY 14.4 ACRES) TO
INDUSTRIAL LIGHT (IL) IN ORDER TO ALLOW THE DEVELOPMENT AND
8 ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING
APPROXIMATELY 564,652 SQUARE FEET LOCATED ON THE SOUTHWEST
9 CORNER OF WATERMAN AVENUE AND DUMAS STREET.
10 WHEREAS, the current City of San Bernardino Development Code was initially
11 implemented in 1991; and
12 WHEREAS, the current City of San Bernardino General Plan was initially
13 implemented in 2005; and
14 WHEREAS, on May 18, 2016, the Planning Commission of the City of San
15 Bernardino held a noticed public hearing to consider public testimony and the staff report and
16 adopted Resolution No. 2016-030 recommending adoption of the Mitigated Negative
Declaration and the approval of General Plan Amendment 15-02, Development Code
17 Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map
18 19692) and Development Permit Type-D 15-11 to the Mayor and Common Council; and
19 WHEREAS, notice of the public hearing for the Mayor and Common Council's
20 consideration of the proposed Ordinance was published in The Sun newspaper on June 25,
21 2016.
22 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
23 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
25 are true and hereby adopt and incorporate them herein.
26 SECTION 2. Findings of Fact—General Plan Amendment 15-02.
27 Finding No. 1: The proposed amendment is internally consistent with the General Plan.
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Adopted: July 18, 2016
Effective: August 18, 2016
1 Finding of Fact: The proposed amendment will result in removing approximately 4 acres
2 of existing Office Industrial Park(OIP) and approximately 14.4 acres of
Public-Commercial Recreation (PCR) land use designations/zoning
3 districts from the project site, resulting in the entire site having the
4 Industrial Light (IL) land use designation/zoning district. The
5 Industrial Light (IL) zone is intended to retain, enhance, and provide for
6 the new development of lighter industrial uses along major vehicular,
7 rail, and air transportation routes serving the City. The change in land
8 use/zoning would provide a single land use/zoning district over the
9 entire 25.25 acre parcel and would allow the development of an
10 industrial warehouse, which is consistent with the light industrial uses
in the project vicinity, located to the north of the project site. The
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project is also consistent with the following General Plan policies:
12 Policy 2.5.6, which requires that new development be designed to
13 complement and not devalue the physical characteristics of the
14 surrounding environment, including consideration of the site's natural
15 topography and vegetation, surrounding exemplary architectural style
16 with tower elements along with complimentary earth-toned colors.
17 Policy 5.7.6, encourages architectural detailing, which includes richly
18 articulated surfaces rather than plain or blank walls.
The project site is flat and has been disturbed in the past, and therefore,
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contains no natural vegetation. The site is surrounded to the north by
20 light industrial businesses. The proposed project will result in the
21 construction of a 564,652 square foot industrial warehouse building
22 with ancillary parking and landscaping. The concrete tilt-up building
23 will be articulated on all sides through the use of varying parapet
24 heights, corner tower elements and the use of color and varying
25 materials to break up the mass of the building walls. The rooftop
26 equipment will be screened, and extensive landscaping will be provided
along the project's Waterman Avenue and Dumas Street frontages,
27 consistent with these policies.
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Adopted: July 18, 2016
Effective: August 18, 2016
1 Finding No. 2: The proposed amendment would not be detrimental to the public
2 interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The proposed amendment will not be detrimental to the public interest,
3
health, safety, convenience, or welfare of the City in that amendment
4 from approximately 4 acres of Office Industrial Park (OIP) and
5 approximately 14.4 acres of Public-Commercial Recreation (PCR) to
6 Industrial Light (IL) will facilitate the development of a warehouse
7 facility on a parcel that is partially developed. The project site has
8 direct access from Waterman Avenue and Dumas Street, will be fully
9 served by utility providers, will be construction in accordance with all
10 applicable codes and regulations, and will not result in the need for the
excessive provision of services.
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Finding No. 3 The proposed amendment would maintain the appropriate balance of
12 land uses within the City.
13 Finding of Fact: The proposed amendment from approximately 4 acres of Office
14 Industrial Park (OIP) and approximately 14.4 acres of Public-
15 Commercial Recreation (PCR) to Industrial Light (IL) would affect
16 25.25 acres of land that are partially developed. The proposed
17 amendment maintains an appropriate balance of land uses by providing
18 for the re-use of an existing industrial property. The proposed
amendment will not change the balance of land uses in the City.
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Finding No. 4 The subject parcels are physically suitable (including but not limited to,
20 access, provision of utilities, compatibility with adjoining land uses,
21 and adjoining land uses, and absence of physical constraints) for the
22 requested land use designation and the anticipated land use
23 development
24 Finding of Fact: The project site is currently consists of twelve (12) parcels that are
25 proposed to be merged into one, 25.25 acre parcel. The parcel will be
26 generally flat with direct access at four (4) locations along Waterman
27 Avenue and Dumas Street. Utilities are available directly from
Waterman Avenue. A 564,652 square foot industrial warehouse
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Adopted: July 18, 2016
Effective: August 18, 2016
1 building is proposed on the site. The site is sufficient in size to meet
2 parking, loading and landscaping requirements and there are no
physical constraints on the site, such as steep slopes or watercourses.
3 SECTION 3. Findings of Fact — Development Code Amendment/Zoning Map
4 Amendment 15-04.
5 Finding No. 1: The proposed amendment is consistent with the General Plan.
6 Finding of Fact: The proposed amendment will result in removing approximately 4 acres
7 of existing Office Industrial Park(OIP) and approximately 14.4 acres of
8 Public-Commercial Recreation (PCR) land use designations/zoning
9 districts from the project site, resulting in the entire site having the
10 Industrial Light (IL) land use designation/zoning district. The new
Industrial Light (IL) land use designation will provide for the
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accommodation of the development, establishment and operation of an
12 industrial warehouse building containing approximately 564,652 square
13 feet, along with the construction of the required on-site and off-site
14 improvements consistent with the City of San Bernardino Development
15 Code.
16 Finding No. 2: The proposed amendment would not be detrimental to the public
17 interest, health, safety, convenience, or welfare of the City.
18 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that amendment
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from Office Industrial Park (OIP) and Public-Commercial Recreation
20 (PCR) to Industrial Light (IL) will facilitate the development,
21 establishment and operation of an industrial warehouse building
22 containing approximately 564,652 square feet, along with the
23 construction of the required on-site and off-site improvements
24 consistent with the City of San Bernardino Development Code. The
25 project site has direct access from both Waterman Avenue and Dumas
26 Street, will be fully served by utility providers, will be construction in
accordance with all applicable codes and regulations, and will not result
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in the need for the excessive provision of services.
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Adopted: July 18, 2016
Effective: August 18, 2016
1 SECTION 4. Compliance with the California Environmental Quality Act.
2 1. The Mayor and Common Council has independently reviewed, analyzed and exercised
judgment in finding that General Plan Amendment 15-02, Development Code Amendment
3 (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and
4 Development Permit Type-D 15-11 will have no significant adverse effect on the environment
5 with incorporation of the Conditions of Approval and mitigation measures; and determining
6 that the Mitigated Negative Declaration, as accepted by the Planning Commission as to the
7 effects of this proposed project, is hereby adopted.
8 2. Mitigation measures identified in the Mitigated Negative Declaration have been
9 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment
10 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05
( Tentative Parcel Map 19692) and Development Permit Type-D 15-11. The Mayor and
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Common Council hereby approve the Mitigation Monitoring and Reporting Program
12 incorporated herein by reference.
13 SECTION 5. — General Plan Amendment 15-02, attached hereto as Exhibit A and
14 incorporated herein by reference, is hereby approved.
15 SECTION 6. — Development Code Amendment (Zoning Map Amendment) 15-05,
16 attached hereto as Exhibit B and incorporated herein by reference, is hereby approved.
17 SECTION 7. — Subdivision 15-05 (Tentative Parcel Map 19692) and Development
18 Permit Type-D 15-11, as approved by Resolution, is incorporated herein by reference.
SECTION 8. - Notice of Determination: The Planning Division of the Community
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Development Department is hereby directed to file a Notice of Determination with the County
20 Clerk of the County of San Bernardino certifying the City's compliance with California
21 Environmental Quality Act in adopting the Mitigated Negative Declaration.
22 SECTION 9. Severability: If any section, subsection, subdivision, sentence, or
23 clause or phrase in this Resolution or any part thereof is for any reason held to be
24 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
25 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
26 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, sentences,
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clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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Adopted: July 18, 2016
Effective: August 18, 2016
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 15-02
2 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF 25.25 ACRES
FROM INDUSTRIAL (APPROXIMATELY 11.5 ACRES) AND OPEN SPACE
3 (APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL, AND DEVELOPMENT CODE
4 AMENDMENT (ZONING MAP AMENDMENT) 15-04 TO CHANGE THE ZONING
DISTRICT FROM INDUSTRIAL LIGHT (IL) (APPROXIMATELY 7.5 ACRES),
5 OFFICE INDUSTRIAL PARK (OIP) (APPROXIMATELY 4 ACRES) AND PUBLIC
COMMERCIAL RECREATION (PCR) (APPROXIMATELY 14.4 ACRES) TO
6 INDUSTRIAL LIGHT (IL) IN ORDER TO ALLOW THE DEVELOPMENT AND
7 ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING
APPROXIMATELY 564,652 SQUARE FEET LOCATED ON THE SOUTHWEST
8 CORNER OF WATERMAN AVENUE AND DUMAS STREET.
9 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
10 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
11 18th day of July, 2016, by the following vote to wit:
12 Council Members: AYES NAYS ABSTAIN ABSENT
13 MARQUEZ x
x
BARRIOS
14 x
15 VALDIVIA
SHORETT x
16 x
NICKEL
17 RICHARD x
18 MULVIHILL x
19
20
21 Georgea Hanna, CMC, City Clerk
�r
22 The foregoing Ordinance is hereby adopted this day of July, 2016.
23 Li
24
R. CAREY DAV , Mayor
25 Approved as to form: City of San Bernardino
26 Gary D. Saenz, City Attorney
27
B
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