HomeMy WebLinkAbout2016-250 I RESOLUTION NO. 2016-250
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
3 DECLARATION AND APPROVING SUBDIVISION 15-02 (TENTATIVE PARCEL
4 MAP 19648) AND CONDITIONAL USE PERMIT 15-09 TO ALLOW THE
DEVELOPMENT, ESTABLISHMENT AND OPERATION OF MARY'S VILLAGE ON
5 A PARCEL CONTAINING APPROXIMATELY 11.02 ACRES LOCATED ON THE
NORTH SIDE OF WALNUT STREET BETWEEN PICO AVENUE AND SAN MARCOS
6 STREET.
7 WHEREAS, on June 11, 2015, pursuant to the requirements of Chapter 19.50
8 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter
9 19.74 (Zoning Map Amendments), §19.04.010(2)(T) (Residential Zones Specific Standards -
10 Social Services Uses/Centers), §19.36.020 (Conditional Use Permit Applications) and
11 §19.66.020 (Subdivision Map Applications) of the City of San Bernardino Development
12 Code, an application for General Plan Amendment 16-03, Development Code Amendment
13 (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and
Conditional Use Permit 15-09 was duly submitted by:
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15 Property Owner: Mary's Mercy Center
16 4740 Green River Road, Suite 118
Glendora, CA 91740
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Project Applicant: Mary's Mercy Center
18 4740 Green River Road, Suite 118
19 Glendora, CA 91740
20 Parcel Address: North Side of Walnut Street, Between Pico Avenue and San
Marcos Street
21 APN'S: 0137-051-07, 32 and 33; 0137-101-05 and 06; 0274-011-05, 14
22 and 28; 0274-022-01, 02, 03, 04, 05 and 06; 0274-023-08, 09.
10 and 11; 0274-023-12 through 222; 0274-023-26 through 38;
23 0274-023-40, 41 and 43; 0274-024-06 through 13; and, 0274-
024-21
24 Lot Area: 11.02 acres
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26 WHEREAS, General Plan Amendment 16-03 is a request to allow the change of the
27 General Plan Land Use Designation of the subject 11.02 acre site from Residential Urban to
28 Residential Medium; and
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1 WHEREAS, Development Code Amendment (Zoning Map Amendment) 15-01 is a
2 request to allow the change of the Zoning District of the subject 11.02 acre site from
Residential Urban (RU) to Residential Medium (RM); and
3 WHEREAS, Subdivision 15-02 (Tentative Parcel Map 19648) is a request to
4 consolidate the existing vacant parcels containing approximately 11.02 acres into four (4)
5 separate parcels; and
6 WHEREAS, Conditional Use Permit 15-09 is a request to allow the development,
7 establishment and operation of Mary's Village as a men's residential complex providing
8 comprehensive on-site transitional housing, and medical, behavioral health, training and
9 support services; and
10 WHEREAS, the Planning Division of the Community Development Department has
reviewed General Plan Amendment 16-03, Development Code Amendment (Zoning Map
11
Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use
12 Permit 15-09 for consistency with the City of San Bernardino General Plan and compliance
13 with the City of San Bernardino Development Code; and
14 WHEREAS, pursuant to requirements of §15063 of the California Environmental
15 Quality Act, the Planning Division of the Community Development D°partment accepted the
16 Initial Study/Mitigated Negative Declaration submitted by the applicant for General Plan
17 Amendment 16-03, Development Code Amendment (Zoning Map Amendment) 15-01,
18 Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09; and
WHEREAS, on December 18, 2015, pursuant to §15072 of the California
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Environmental Quality Act, a Notice of Intent to Adopt a Mitigated Negative Declaration was
20 posted for General Plan Amendment 16-03, Development Code Amendment (Zoning Map
21 Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use
22 Permit 15-09 for the CEQA-mandated thirty (30) day public review and comment period, and
23 there were no public written comments received or verbal comments presented; and
24 WHEREAS, on January 14, 2016, pursuant to the requirements of §19.36.040,
25 §19.42.020, §19.50.020, §19.66.150 and §19.74.020 of the City of San Bernardino
26 Development Code, the Development and Environmental Review Committee reviewed the
application and moved the Mitigated Negative Declaration, General Plan Amendment 16-03,
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Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02
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I (Tentative Parcel Map 19648) and Conditional Use Permit 15-09 to the Planning Commission
2 for consideration; and
WHEREAS, on April 20, 2016, pursuant to the requirements of §19.52.040 of the
3 City of San Bernardino Development Code, the Planning Commission held the duly noticed
4 public hearing at which interested persons had an opportunity to testify in support of, or
5 opposition to the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and
6 Reporting Program submitted by the applicant for General Plan Amendment 16-03,
7 Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02
x (Tentative Parcel Map 19648) and Conditional Use Permit 15-09, and at which meeting the
9 Planning Commission adopted Resolution No. 2016-014 recommending to the Mayor and
10 Common Council the adoption of the Mitigated Negative Declaration and the approval of
General Plan Amendment 16-03, Development Code Amendment (Zoning Map Amendment)
11 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09;
12 and
13 WHEREAS, pursuant to the requirements of Chapters 19.36, 19.42, 19.50, 19.66 and
14 19.74 of the City of San Bernardino Development Code, the Mayor and Common Council has
15 the authority to take action on the Mitigated Negative Declaration, General Plan Amendment
16 16-03, Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02
17 (Tentative Parcel Map 19648) and Conditional Use 15-09; and
18 WHEREAS, notice of the December 5, 2016 public hearing for the Mayor and
Common Council's consideration of the proposed Resolution was published in The Sun
19 newspaper on N,)vember 25, 2016, and was mailed to property owners within a 500 foot
20 radius of the project site in accordance with Development Code Chapter 19.52.
21 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
23 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
24 are true and hereby adopt and incorporate them herein.
25 SECTION 2. Findings of Fact— Subdivision 15-02 (Tentative Parcel Map 19648).
26 Finding No. 1: The proposed map is consistent with the General Plan.
Finding of Fact: The proposed Tentative Parcel Map to accommodate the development,
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establishment and operation of a men's residential complex providing
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I comprehensive on-site transitional housing, and medical, behavioral
2 health, training and support services with the on-site and off-site
improvements will provide additional housing opportunities with the
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City, the proposed project is permitted within the proposed Residential
4 Medium (RM) zone, subject to the approval of a General Plan
5 Amendment, Development Code Amendment/Zoning Code
6 Amendment and Conditional Use Permit with the appropriate
7 Conditions of Approval and CEQA determination, and the proposed
8 Residential Medium (RM) zone is consistent with the proposed
9 Residential land use designation set forth by the General Plan Land Use
10 Map.
Finding No. 2: The design and improvements of the proposed subdivision is consistent
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with the General Plan.
12 Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that
13 integrates with surrounding land uses." The proposed Tentative Parcel
14 Map will be consistent with the pattern of development within the
15 existing surrounding neighborhood.
16 General Plan Land Use policy 2.7.5 states: "Require that developments
17 conform to the availability of public infrastructure to accommodate its
18 demands and mitigate its impacts." The proposed Tentative Parcel Map
will connect to existing water and sewer services, roads, storm drains,
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and private utilities.
20 Finding No. 3 The site is physically suitable for the type of development.
21 Finding of Fact: The proposed project is permitted within the proposed Residential
22 Medium (RM) zone, subject to the approval of a General Plan
23 Amendment, Development Code Amendment/Zoning Map Amendment
24 and Conditional Use Permit with the appropriate Conditions of
25 Approval and CEQA determination. The subject site as a men's
26 residential complex providing comprehensive on-site transitional
housing, and medical, behavioral health, training and support services
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with the on-site and off-site improvements is sufficient in size to
2s
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I accommodate the proposal under General Plan Amendment 16-03,
2 Development Code Amendment (Zoning Map Amendment) 15-01,
Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use
3
Permit 15-09 as required by the City of San Bernardino Development
4 Code. Therefore, the subject site is physically suitable for the proposal.
5 Finding No. 4 The site is physically suitable for the proposed density of development.
61 Finding of Fact: The development, establishment and operation of a men's residential
7 complex providing comprehensive on-site transitional housing, and
8 medical, behavioral health, training and support services with the on-
9 site and off-site improvements is permitted within the proposed
101 Residential Medium (RM) zone, subject to the approval of a General
f Plan Amendment, Development Code Amendment/Zoning Map
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Amendment and Conditional Use Permit with the appropriate
121 Conditions of Approval and CEQA determination. The subject site as a
13 1 men's residential complex is sufficient in size to accommodate the
14 proposal under Development Conditional Use Permit 15-09 as required
15 , by the City of San Bernardino Development Code. Therefore, the
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subject site is physically suitable for the proposal.
17 i Finding No. 5: The design of the subdivision and the proposed improvements will not
181 cause substantial environmental damage or substantially or avoidably
injure fish or wildlife or their habitat.
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Finding of Fact: The design of the subdivision will not have any significant negative
20 impacts to wildlife or their habitat. The project site is an existing
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21 developed site and surrounded by urban development. No significant
22 negative impacts on the environment are anticipated to result from re-
23 use of the existing site already developed with commercial uses.
24 Finding No. 6: The design of the subdivision or type of improvements will not cause
25 serious public health problems.
26 Finding of Fact: The design of the proposed subdivision meets all of the applicable
Development Code requirements and will not result in any serious
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public health problems. The proposed parcels will have access to
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I existing public streets. Existing utilities and public services are
2 available to serve the project site and ensure the maintenance of public
health and safety.
3 Finding No. 7 The design of the subdivision or the type of improvements will not
4 conflict with easements, acquired by the public at large, for access
5 through or use of, property within the proposed subdivision.
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6 Finding of Fact: The design of the subdivision will not conflict with any public or
7 private easements. All documentation relating to easements and
8 dedications will be reviewed and approved by the City Engineer prior
9 to recordation of the Final Map. Existing easements will be reserved in
10 place or relocated, as necessary.
SECTION 3. Findings of Fact—Conditional Use Permit 15-09.
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Finding No. 1: The proposed use is conditionally permitted within, and would not
12 impair the integrity and character of the subject land use district and
13 ! complies with all of the applicable provisions of the Development
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14 A Code.
15 Finding of Fact: The proposed project is a conditionally permitted use, pursuant to
16 Development Code §19.04.010(2)(T)(C). The project site will be
17 located within the Residential Medium (RM) zone as proposed by
18 General Plan Amendment 16-03 and Development Code Amendment
19 (Zoning Map Amendment) 15-01, and is substantially surrounded by
existing residential uses. The proposed development will comply with
20 all applicable Development Code standards, such as parking
21 landscaping, building setbacks and height, etc. Further, the
22 development of the subject property will enhance the appearance of the
23 vacant and under-utilized property. Therefore, the project would not
24 impair the integrity and character of the subject land use district or be
25 detrimental to surrounding properties.
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Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: The General Plan Housing Goal 3.1 states: "Facilitate the development
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of a variety of types of housing to meet the needs of all income levels in
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1 the City of San Bernardino." The proposed development, establishment
2 and operation a men's residential complex providing comprehensive
on-site transitional housing, and medical, behavioral health, training
3
and support services will provide additional housing opportunities in
4 the southwestern area of the City, consistent with the General Plan goal
5 and policy cited above. Additionally, the proposed project is permitted
6 within the proposed Residential Medium (RM) zone, subject to the
7 approval of a Conditional Use Permit with the appropriate Conditions
8 of Approval and CEQA determination, and the proposed Residential
9 Medium (RM) zone is consistent with the Residential land use
10 designation set forth by the General Plan Land Use Map. Therefore the
proposed project would be compatible with surrounding land uses and
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consistent with the General Plan.
12 Finding No. 3 Approval of the Conditional Use Permit for the proposed use is in
13 compliance with the requirements of the California Environmental
14 Quality Act (CEQA) and §19.20.030(6) of the Development Code.
15 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act
16 (CEQA), an Initial Study/Mitigated Negative Declaration was prepared
17 in connection with General Plan Amendment 16-03, Development Code
18 Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02
(Tentative Parcel Map 19648) and Conditional Use Permit 15-09 for the
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development, establishment and operation of a men's residential
20 complex providing comprehensive on-site transitional housing, and
21 medical, behavioral health, training and support services with the on-
1
22 site and off-site improvements. In accordance with §15097 of CEQA, a
23 Mitigation Monitoring and Reporting Program has been prepared in
24 order to ensure that the mitigation measures are implemented to prevent
25 potential environmental impacts. Approval of the proposed project
26 would not result in any impacts on the environment.
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I Finding No. 4 There will be no potentially significant negative impacts upon
2 environmental quality and natural resources that could not be properly
mitigated and monitored.
3 Finding of Fact: The project site is an in-fill lot and the surrounding area is urbanized.
4 Therefore, no significant negative impacts on the environment are
5 anticipated to result from the proposed men's residential complex.
6 Finding No. 5: The location, size, design, and operating characteristics of the proposed
7 use are compatible with the existing and future land uses within the
8 general area in which the proposed use is to be located and will not
9 create significant noise, traffic or other conditions or situations that may
10 be objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of
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the City.
12 Finding of Fact: The proposed design is in compliance with the Development Code
13 requirements that are applicable to location, height and setbacks for the
14 proposed men's residential complex. All access to the subject property
15 will be through points of access from Walnut Street and Congress
16 Street. Therefore, the design of the project will ensure that the project
17 will not create any significant noise, traffic, or other conditions that
18 would be detrimental or objectionable to other uses in the vicinity or
adverse to the public health, safety, convenience, or welfare of the City.
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Finding No. 6: The subject site is physically suitable for the type and density/intensity
20 of use being proposed.
21 Finding of Fact: The site is physically suitable for the type and density/intensity of the
22 project being proposed as evidenced by project compliance with all
23 applicable Development Code Standards. The size of the project site is
24 adequate to accommodate the proposed improvements, in compliance
25 with the requirements of the Development Code.
26 1 Finding No. 7 There are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would not
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be detrimental to public health and safety.
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I Finding of Fact: The site has direct access off of Walnut Street and Congress Street. All
2 agencies responsible for reviewing access and providing water,
sanitation and other public services to the site have had the opportunity
3
to review the proposal, and none indicated inability to serve the project
4 site. Establishment of the proposed men's residential complex, subject
5 to Conditions of Approval, will not be detrimental to public services or
6 public health and safety.
7 SECTION 4. Compliance with the California Environmental Quality Act.
8 1. The Mayor and Common Council has independently reviewed, analyzed and exercised
9 judgment in finding that General Plan Amendment 16-03, Development Code Amendment
10 (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and
Conditional Use 15-09 will have no significant adverse effect on the environment with
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incorporation of the Conditions of Approval and mitigation measures; and determining that
12 the Mitigated Negative Declaration, as accepted by the Planning Commission as to the effects
13 of this proposed project, is hereby adopted.
14 12. Mitigation measures identified in the Mitigated Negative Declaration have been
15 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment
16 16-03, Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02
17 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09. The Mayor and Common
18 Council hereby approve the Mitigation Monitoring and Reporting Program attached as Exhibit
A, and incorporated herein by reference.
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SECTION 5. — General Plan Amendment 16-03, as approved by Ordinance, is
20 incorporated herein by reference.
21 SECTION 6. —Development Code Amendment (Zoning Map Amendment) 15-01, as
22 approved by Ordinance, is incorporated herein by reference.
23 SECTION 7. — Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use
24 Permit 15-09, subject to the Conditions of Approval attached hereto as Exhibit B and
25 incorporated herein by reference, is hereby approved.
26 SECTION 8. - Notice of Determination: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
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I Clerk of the County of San Bernardino certifying the City's compliance with California
2 Environmental Quality Act in adopting the Mitigated Negative Declaration.
SECTION 9. Severability: If any section, subsection, subdivision, sentence, or
3 clause or phrase in this Resolution or any part thereof is for any reason held to be
4 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
5 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
6 part thereof. The Mayor and Common Council hereby declares that it would have adopted
7 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
8 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, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
2 DECLARATION AND APPROVING SUBDIVISION 15-02 (TENTATIVE PARCEL MAP
3 19648) AND CONDITIONAL USE PERMIT 15-09 TO ALLOW THE DEVELOPMENT,
ESTABLISHMENT AND OPERATION OF MARY'S VILLAGE ON A PARCEL
4 CONTAINING APPROXIMATELY 11.02 ACRES LOCATED ON THE NORTH SIDE
OF WALNUT STREET BETWEEN PICO AVENUE AND SAN MARCOS STREET.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5`" day
8 of December, 2016, by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ X
12 BARRIOS X
13 VALDIVIA X
14
SHORETT X
15
NICKEL X
16
17 RICHARD X
18 MULVIHILL X --
19
20 Georgeam4Hanna, C C, City Clerk
21 The foregoing Resolution is hereby approved this 9 " day of ArC°rm4 /Z, 2016.
22 J�/:? ( ca�-
23
R. Carey Dav s, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26 0�---�
By: o�
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