HomeMy WebLinkAbout2016-197 I RESOLUTION NO. 2016-197
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND
3 APPROVING THE AMENDMENT TO SIGN PROGRAM 15-04 TO ALLOW MORE
4 THAN THREE (3) TENANT PANELS FOR THE PYLON SIGN LOCATED AT 1831
W. NORTHPARK BOULEVARD (APN: 0151-361-43) WITHIN THE COMMERCIAL
5 GENERAL-UNIVERSITY VILLAGE (CG-3) ZONE.
6 WHEREAS, on April 12, 2016, pursuant to the requirements of Chapter 19.42 of the
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City of San Bernardino Development Code, an application for Development Code
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9 Amendment 16-04 and amendment to Sign Program 15-04 was duly submitted by:
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Property Owner: University Park Shops, LLC
11 101 Main Street, Suite A
12 Seal Beach, CA 90740
13 Project Applicant: James R. Watson
101 Main Street, Suite A
14 Seal Beach, CA 90740
15 Parcel Address: 1831 W. Northpark Boulevard
16 APN: 01 5 1-372-26
Lot Area: 2.4 acres
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18 WHEREAS, Development Code Amendment 16-04 is a request to amend §19.22.030
19 (Definitions) and §19.22.150(C)(3) (Multi-Tenant Centers) relating to on-site multi-tenant
20 pylon signs; and
21 WHEREAS, the requested amendment to Sign Program 15-04 is to allow additional
22 tenant panels as permitted by Development Code Amendment 16-04; and
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24 WHEREAS, the Planning Division of the Community Development Department has
25 reviewed Development Code Amendment 16-04 and amendment to Sign Program 15-04 for
26 consistency with the City of San Bernardino General Plan and compliance with the City of
27 San Bernardino Development Code; and
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1 WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
2 Quality Act, the Planning Division of the Community Development Department evaluated
3 Development Code Amendment 16-04 and amendment to Sign Program 15-04; and
4 WHEREAS, on July 20, 2016, pursuant to the requirements of§19.52.040 of the City
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6 of San Bernardino Development Code, the Planning Commission held the duly noticed public
7 hearing at which interested persons had an opportunity to testify in support of, or opposition
8 to the Categorical Exemption, Development Code Amendment 16-04 and amendment to Sign
9 Program 15-04, and at which meeting the Planning Commission adopted Resolution No.
10 2016-031 recommending to the Mayor and Common Council the adoption of the Categorical
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Exemption and the approval of Development Code Amendment 16-04 and the amendment to
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13 Sign Program 15-04; and
14 WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San
15 Bernardino Development Code, the Mayor and Common Council has the authority to take
16 action on the Categorical Exemption, Development Code Amendment 16-04 and amendment
17 to Sign Program 15-04; and
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19 WHEREAS, notice of the September 6, 2016 public hearing for the Mayor and
20 Common Council's consideration of the proposed Resolution was published in The Sun
21 newspaper on August 26, 2016, and was mailed to property owners within a 500 foot radius of
22 the project site in accordance with Development Code Chapter 19.52.
23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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26 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
27 are true and hereby adopt and incorporate them herein.
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I SECTION 2. Findings of Fact—Development Code Amendment 16-04.
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Finding No. 1: The proposed amendment is consistent with the General Plan.
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4 Finding of Fact: The General Plan Community Design Policy 5.7.4 states: "The size,
5 color, type, materials and design of signs shall be related to the scale of
6 the building or development and its relation to the street."
7 The proposed signs have been designed with consideration for the
8 topography of the site, location of the buildings, and number of
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10 potential tenants. Standards have been imposed to ensure a clean,
11 uniform look to the proposed multi-tenant pylon signs.
12 General Plan Economic Development Policy 4.5.2 states: "Maintain
13 and enhance commercial regional cores and economically sound
14 community-serving commercial concentrations by attracting new
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regional outlets, maintaining the existing regional retail base, and
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17 stabilizing the future regional retail base."
18 The University Park Shops retail center will serve the students and staff
19 of CSUSB and the surrounding neighborhoods as a community-serving
20 commercial concentration and will be more able to attract and secure
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national chain businesses and successful local businesses as tenants if
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23 they can guarantee a tenant panel on the proposed pylon sign for the
24 center. Therefore, the proposed amendment is consistent with the goals
25 of the General Plan.
26 Finding No. 2: The proposed amendment would not be detrimental to the public
27 interest, health, safety, convenience, or welfare of the City.
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1 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
2 health, safety, convenience, or welfare of the City in that amendment to
3 the Development Code standards related to the aesthetics of the
4 development rather than the health, safety, convenience, or welfare of
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the City. The project site has direct access from Northpark Boulevard,
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7 will be fully served by utility providers, will be constructed in
8 accordance with all applicable codes and regulations, and will not result
9 in the need for the excessive provision of services.
10 SECTION 3. Compliance with the California Environmental Quality Act.
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The Mayor and Common Council has independently reviewed, analyzed and exercised
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13 judgment in finding that Development Code Amendment 16-04 and the amendment to Sign
14 Program 15-04 is exempt under §15061(b)(3) (Review for Exemption) of the California
15 Environmental Quality Act.
16 SECTION 4. — Development Code Amendment 16-04, as approved by Ordinance, is
17 incorporated herein by reference.
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19 SECTION 5. — Sign Program 15-04 as amended, subject to the Conditions of
20 Approval attached hereto as Exhibit A and incorporated herein by reference, is hereby
21 approved.
22 SECTION 6. - Notice of Exemption: The Planning Division of the Community
23 Development Department is hereby directed to file a Notice of Exemption with the County
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Clerk of the County of San Bernardino certifying the City's compliance with California
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26 Environmental Quality Act in adopting the Categorical Exemption.
27 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
28 clause or phrase in this Resolution or any part thereof is for any reason held to be
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1 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
2 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
3 part thereof. The Mayor and Common Council hereby declares that it would have adopted
4 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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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND
2 APPROVING THE AMENDMENT TO SIGN PROGRAM 15-04 TO ALLOW MORE
THAN THREE (3) TENANT PANELS FOR THE PYLON SIGN LOCATED AT 1831
3 W. NORTHPARK BOULEVARD (APN: 0151-361-43) WITHIN THE COMMERCIAL
4 GENERAL-UNIVERSITY VILLAGE (CG-3) ZONE
5 I HEREBY CERTIFY that the foregoing Resolution 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 6th day of September, 2016, by the following vote to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS x
12 VALDIVIA x
13 x
SHORETT
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15 NICKEL x
16 RICHARD x
17 MULVIHILL x
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19 GeorgeaWn Hanna, C , City Clerk
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The foregoing Resolution is hereby approved this % `-day of ember, 2016.
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23 R. CAREY AVIS, Mayor
City of San Bernardino
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Approved as to form:
25 Gary D. Saenz, City Attorney
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By: (--"*VOL rJu
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