Loading...
HomeMy WebLinkAbout27- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays, Director Subject: General Plan Amendment No. 96-09; a request to change the designation from OIP, Office Industrial Dept: Planning & Building Services Park, to CG-1, Commercial General, on 1.66 acres of land located at 333 South Waterman Avenue Date: October 30, 1996 MCC Date: November 18, 1996 Synopsis of Previous Council Action: ORIGIML N/A Recommended Motion: That the Mayor and Common Council close the public hearing and adopt the Resolution which approves General Plan Amendment No. 96-09. Michael 1Y. Hays Contact person: Michael E. Hays Phone: 384-5357 Supporting data attached: Staff Report and Resolution Ward(s): 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Agenda Item No. _ Res 96- `5 , tJ+ c`a rW CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT NO. 96-09 MAYOR AND COMMON COUNCIL MEETING OF NOVEMBER 18, 1996 OWNER/APPLICANT: CITY OF SAN BERNARDINO OWNERS/APPLICANTS: Harry J. Iesberts and Leona M. Iesberts DBA: PureBred Auto Brokers 333 South Waterman Avenue San Bernardino, CA 92408 REQUEST/LOCATION The applicant requests to change the General Plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General on a 1.66 acre site developed with a legal non- conforming auto dealership and multi-tenant center for auto related uses. The site is located on the east side of Waterman Avenue, north of and adjacent to the Warm Springs Creek County Flood Control Channel and approximately 775 feet north of Mill Street at 333 South Waterman Avenue. (See Exhibit 1, Site Location Map) KEY ISSUES • The existing auto dealership and multi-tenant center for auto related uses are not permitted in the OIP designation but are permitted in the CG-1 subject to an approved Conditional Use Permit (CUP). • The proposed amendment will eliminate the legal non-conforming status of the site's auto-related uses. • The proposed amendment does not conflict with General Plan Goals which pertain to the pattern and distribution of land uses. More specifically, the proposal is consistent with Objective 1.7 which encourages that land uses occurring randomly be allowed to evolve into a network of interrelated activity clusters. The Planning Commission Staff Report prepared for the October 8, 1996 Planning Commission meeting provides the detailed background and analysis of this project (Refer to Exhibit 2). General Plan Amendment No. 96-09 Mayor and Common Council Meeting of November 18, 1996 Page 2 CON Y[ENTS RECEIVED No comments have been received as of the date of this staff report. ENVIRONMENTAL DETERMINATION The amendment proposal is not subject to CEQA pursuant to CEQA Guidelines §15061(b)(3) which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. At their meeting of August 22, 1996, the Environmental Review Committee (ERC) concurred with the findings of staff's preliminary review for CEQA. PLANNING COMNUSSION RECOMMENDATION At their October 8, 1996 meeting, the Planning Commission noted that they felt the proposed amendment was a "spot zoning" but voted to recommend the approval of General Plan Amendment No. 96-09 to the Mayor and Common Council. The vote was unanimous: 6 ayes (Gaffney, Quiel, Schuiling, Stone, Thrasher and Traver), 0 nays, 1 abstention (Gonzalez), and 3 absent (Enciso, Lockett and Strimpel). STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council: 1. Adopt the Resolution to approve General Plan Amendment No. 96-09 to change the general plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General on 1.66 acres of land located on the east side of Waterman Avenue at 333 South Waterman Avenue based on the Findings of Fact contained in the Resolution (Exhibit 3). Prepared by: Deborah Woldruff, Associate Planner for MICHAEL HAYS, Director of Planning & Building Services General Plan Amendment No. 96-09 Mayor and Common Council Meeting of November 18, 1996 Page 3 EXHE3ITS: 1 - Site Location Map 2 - Planning Commission Staff Report (October 8, 1996) and Attachments 3 - Resolution 4 `(1-Y OF SAN BERNAFi"iNO EXHIBIT 1 GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89 Date oCr 2 5 L c.A No. 95-09 (oiP to Cc-1) Panel No. G5 Site Location `iap —�_ � a as c 1 s r� _ t � tEACt � u q. OOUFi r .J AVF 3 comen � D r rau 1 h r � z o � � V I U.Ahf�+gt ?,0-I Go-I SAN n l� um EXHIBIT 2 S j v CITY OF SAN BERNARDINO PLANNING DIVISION CASE: GENERAL PLAN AMENDMENT NO. 96-09 AGENDA ITEM: 2 HEARING DATE: 10/8/96 WARD: I APPLICANT: OWNER: Harry J. Iesberts and Leona M. Iesberts Same DBA: PureBred Auto Brokers 333 S. Waterman Avenue San Bernardino, CA 92408 REQUEST/LOCATION - To change the land use designation from OIP, Office Industrial Park, to CG-1, Commercial General on a 1.66 acre site developed with auto sales and service uses. The amendment site is located on the east side of Waterman Avenue, north of and adjacent to the Warm Springs Creek Flood Control Channel at 333 South Waterman Avenue. EXISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT Auto Sales and Service Uses OIP, Office Industrial Park NORTH Commercial Svcs., manufacturing, offices OIP, Office Industrial Park SOUTH Flood Control Uses PFC, Public Flood Control EAST Flood Control Uses PFC, Public Flood Control WEST Vacant lots OIP, Office Industrial Park FHIGH /SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ■ ONE: NO ■ ZONE: NO ■ NO ❑ HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ■ NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ❑ ZONE: IVDA ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION: ■ Not Applicable ❑ E.I.R. w/ Significant ■ APPROVAL ❑ Exempt Effects ❑ No Significant ❑ CONDITIONS Effects ❑ Significant Effects, ❑ Potential Effects, See Attached E.R.C. ❑ DENIAL Mitigating Minutes Measures, ❑ CONTINUANCE No E.I.R. TO: GENERAL PLAN AMENDMENT NO. 96-09 AGENDA ITEM: 2 HEARING DATE: September 8, 1996 Page 2 REQUEST AND LOCATION Under the authority of Development Code §19.50.020, the applicant requests to change the General Plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General on a 1.66 acre site developed with a legal non-conforming auto dealership and multi- tenant center-for auto related uses. The site is located on the east side of Waterman Avenue, north of and adjacent to the Warm Springs Creek County Flood Control Channel and approximately 775 feet north of Mill Street at 333 South Waterman Avenue. (See Attachment A, Site Location Map and Attachment B, Amendment Proposal Map) CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS Staff determined that the amendment proposal is not subject to CEQA pursuant to CEQA Guidelines §15061(b)(3) which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. At their meeting of August 22, 1996, the Environmental Review Committee (ERC) concurred with the findings of staff's preliminary review for CEQA. The ERC recommended that the Planning Commission and the Mayor and Common Council concur with this determination. BACKGROUND On May 7, 1994, the Mayor and Common Council approved General Plan Amendment No. 93- 04 which redesignated to CG-1 the properties on all four corners of the Waterman Avenue/Mill Street intersection. The result of this action was the creation of a 12.72 acre commercial district. Another 8.8 acres of land was added to the district's northeast corner on October 3, 1994 when the Mayor and Common Council approved General Plan Amendment No. 94-02. The subject property has been developed with an auto dealership for a number of years. The dealership was exp',"Cled through a Review of Plans (RP No. 87-59) which was approved by the Development Review Committee (DRC) on September 10, 1987. On December 15, 1988, the DRC approved an additional project (RP No. 88-76) on the site to construct a 13,376 square foot multi-tenant center for auto-related uses. All elements of the amendment proposal were reviewed by the DRC at their meeting on August 22, 1996. The DRC recommended that the Planning Commission recommend to the Mayor and Common Council the approval of GPA No. 96-09 as proposed. GENERAL PLAN AMENDMENT NO. 96-09 AGENDA ITEM: 2 HEARING DATE: September 8, 1996 Page 3 ANALYSIS AMENDMENT SITE AND AREA CHARACTERISTICS Amendment Site Characteristics The 1.66 acre site is flat and triangle-shaped and contains one lot which is developed with a legal non-conforming auto dealership and multi-tenant center for auto related uses. Area Characteristics The existing land uses located north of the site (along the Waterman Avenue corridor) are a mix of commercial services, manufacturing and offices uses and vacant buildings and lots in the OIP district. East and south of the site is the Warm Spring Creek County Flood Control Channel in the PFC, Public Flood Control Channel which traverses the Waterman Avenue corridor from the north/northeast to the southwest. East and south of the channel (on the east side of Waterman Avenue) is a small wedge-shaped area that contains an equipment rental and storage use designated as OIP. Immediately south of and adjacent to this parcel are commercial retail, services and restaurant uses at the Waterman Avenue/Mill Street intersection in the CG-1 district. Another OIP district continues south and beyond the intersection along the Waterman Avenue corridor. The OIP district continues west of the site, across Waterman Avenue. The existing land uses include commercial services, storage and vacant lots. EXISTING LAND USE DESIGNATION The purpose of the OIP, Office Industrial Park land use designation is to meet the City's objective, as follows: "[To] establish the Waterman Avenue corridor and other appropriate areas as distinctive office parks and corporate centers serving the San Bernardino community and region." (General Pian Objective 1.31) The OIP designation permits a diversity of corporate office, light manufacturing and research and development uses. Supporting retail uses are also permitted with a size limitation and must be located in corporate office industrial park structures (General Plan Polices 1.31.10 and 1.31.32). The existing auto sales and service uses are not permitted in the OIP and as a result, they are classified as legal non-conforming. GENERAL PLAN AMENDMENT NO. 96-09 AGENDA ITEM: 2 HEARING DATE: September 8, 1996 Page 4 PROPOSED LAND USE DESIGNATION The purpose of the CG-1, Commercial General land use designation is to meet the City's objective, as follows: "Provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to serve the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as new residential growth occurs." (General Plan Objective 1.19) As indicated, the CG-1 should occur along major arterials and intersections such as Waterman Avenue and Mill Street to provide commercial services for the convenience of nearby industrial developments. The CG-1 permits a diversity of community-serving retail and service uses, entertainment uses, and professional and financial offices. The existing auto-related uses on the site are permitted in the CG-1 subject to an approved Conditional Use Permit (CUP). GENERAL PLAN CONSISTENCY Approval of the proposed amendment nominally will increase the CG-1 district at the Waterman Avenue/Mill Street intersection from 21.5 acres to 23.2 acres. This is consistent with the provisions contained in General Plan Goal 1G which pertains to the pattern and distribution of land uses. More specifically, the proposal is consistent with Objective 1.7 which encourages that land uses occurring randomly be allowed to evolve into a network of interrelated activity clusters. Given the commercial nature of the site, it makes sense to add it to the nearby CG-1 district. And, approval of the amendment will eliminate the legal non-conforming status of the site's auto-related uses. DEVELOPMENT CODE COMPLIANCE The subject site, which consists of one lot, meets the 10,000 square foot minimum lot size requirement for the CG-1 designation. As previously stated, the existing auto-related uses are permitted in the CG-1 designation subject to an approved CUP. The uses previously were permitted under the old C-M, Commercial-Manufacturing zoning. ICOMPATIBILITY The proposed CG-1 designation is compatible with the existing auto-related uses on the site and with the uses in the surrounding area. The addition of the site to the CG-1 district at the GENERAL PLAN AMENDMENT NO. 96-09 AGENDA ITEM: 2 HEARING DATE: September 8, 1996 Page 5 Waterman Avenue/Mill Street intersection will eliminate the legal non-conforming status of the site's auto-related uses. COMMENTS RECEIVED No comments received. CONCLUSIONS The amendment proposal is consistent with provisions in the General Plan Goal 1G and Objective 1.7 which pertain to the patterns and distributions of land uses. The amendment will add existing auto related uses to the CG-1 district and eliminate a legal non-conformity. RECOMMENDATIONS Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve General Plan Amendment No. 96-09 based on the Findings of Fact(Attachment C). Respectfully submitted, Michael E. Hays, Director Planning�and Building Services orate Woldruff Associate Planner ATTACHMENTS: A. Site Location Map B. Amendment Proposal Map C. Findings of Fact CITY OF SAN BERNAR,,jNO ATTACMENT "All GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89 Date COT 2 5 W GPI �o. 95-09 (OIP to CG-1) Pane! No. G5 Site Location `lap o�OJL • ro I I c 1 ' rr � S 1404 iLAE, J � v � yy M 0- V�p ire aa` r • j AVE 3 i � 0 i l ' coax• 1 l• T ; rasa �� .. 1 VAS� cr r 5 i , 0 L lAt;Nro T D I n ! ATTACHMENT "B" GENERAL PLAN AMENDMENT (GPA) NO. 96-09 AGENDA ITEM: 2 HEARING DATE: October 8, 1996 Page 7 AMENDMENT PROPOSAL MAP OIP VALLEY STREET OIP AMENDMENT i SITE OIP to CG-1 4 OIP OIP CH z > CG-1 CG-1 CH MILL STREET z CII CG-1 CG-1 OIP OIP 0 ATTACEMENT "Co GENERAL PLAN AMENDMENT (GPA) NO. 96-09 AGENDA ITEM: 2 HEARING DATE: October S. 1996 Page 8 FINDINGS OF FACT (GPA NO. 96-09) 1. The proposed amendment to change the General Plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General on 1.66 acres is internally consistent with the General Plan provisions contained in Goal 1G and Objective 1.7 pertaining to the pattern and distribution of land uses in that it will eliminate the legal non-conforming status of an existing commercial property and add it to a nearby CG-1 district; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the existing commercial uses on the amendment site are compatible with the commercial development in the vicinity; 3. The proposed amendment to change the land use designation on the 1.66 acre site from OIP, Office Industrial Park to CG-1, Commercial General would not significantly affect the balance of land uses within the City in that the proposal would nominally increase an existing commercial district; and, 4. The subject site is physically large enough for uses permitted in the CG-1, Commercial General land use designation and the parcel has adequate access (to Waterman Avenue) and utilities. ATTACHMENT A GENERAL PLAN AMENDMENT NO. 96-09 �j. 2 •r 1 TN.5.11 .o7-Al Lor ui Z � r r �• I _ �a 9 6.55 AC 9' 0 w �\, a ASSESSED ON PG.39 oQG� SITEy OI P Cc to CG-1 Q , (Assessor Book # 136, Page ##33, Lot #601) ATTACHMENT B GENERAI. PLAN AMENDMENT NO. 96-09 - LEGAL DESCRIPTION OF PARCEL APN Legal Description of Parcel 136-331-01 ALL THAT PORTION OF LOT 7, IN BLOCK 45, OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LYING NORTHWESTERLY OF PROPERTY GRANTED TO SAN BERNARDINO FLOOD CONTROL DISTRICT, A BODY OF POLITIC AND CORPORATE, BY DEED RECORDED APRIL 22, 1959, IN BOOK 5796, PAGE 481 OF OFFICIAL RECORDS AND IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DEED TO THE CITY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 28, 1967, IN BOOK 6931, PAGE 636, OFFICIAL RECORDS.