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HomeMy WebLinkAbout2016-206 RESOLUTION NO. 2016-206 1 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 7 City of San Bernardino Development Code, an application for Development Code 8 9 Amendment 16-04 and amendment to Sign Program 15-04 was duly submitted by: 10 Property Owner: University Park Shops, LLC 11 101 Main Street, Suite A Seal Beach, CA 90740 12 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: 0151-372-26 Lot Area: 2.4 acres 17 WHEREAS, Development Code Amendment 16-04 is a request to amend §19.22.030 18 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 23 WHEREAS, the Planning Division of the Community Development Department has 24 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 28 1 I 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 5 of San Bernardino Development Code, the Planning Commission held the duly noticed public 6 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 11 Exemption and the approval of Development Code Amendment 16-04 and the amendment to 12 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 18 WHEREAS, notice of the September 6, 2016 public hearing for the Mayor and 19 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 24 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 25 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 26 27 are true and hereby adopt and incorporate them herein. 28 2 1 SECTION 2. Findings of Fact—Development Code Amendment 16-04. 2 Finding No. 1: The proposed amendment is consistent with the General Plan. 3 Finding of Fact: The General Plan Community Design Policy 5.7.4 states: "The size, 4 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 9 potential tenants. Standards have been imposed to ensure a clean, 10 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 15 regional outlets, maintaining the existing regional retail base, and 16 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 21 national chain businesses and successful local businesses as tenants if 22 they can guarantee a tenant panel on the proposed pylon sign for the 23 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. 28 3 I 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 5 the City. The project site has direct access from Northpark Boulevard, 6 will be fully served by utility providers, will be constructed in 7 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. 11 The Mayor and Common Council has independently reviewed, analyzed and exercised 12 judgment in finding that Development Code Amendment 16-04 and the amendment to Sign 13 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. 18 SECTION 5. — Sign Program 15-04 as amended, subject to the Conditions of 19 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 24 Clerk of the County of San Bernardino certifying the City's compliance with California 25 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 4 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, 5 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 6 7 8 9 10 11 12 13 14 15 /// 16 17 18 19 20 21 22 23 24 25 /// 26 27 28 5 I 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 adjourned regular meeting 7 thereof, held on the 10th day of October, 2016, by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x x 11 BARRIOS x 12 VALDIVIA 13 � SHORETT 14 NICKEL x 15 16 RICHARD x 17 MULVIHILL x 18 19 Georgeann Hanna, CMC, City Clerk 20 The foregoing Resolution is hereby approved this f y day of O ber, 2016. 21 0 22 _23 Mayor City of San Bernardino 24 Approved as to form: 25 Gary D. Saenz, City Attorney 26 By. L-14-27 28 6