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Home My WebLink AboutMC-1505ORDINANCE NO. MC -1505 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-07 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG -1) TO RESIDENTIAL MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS: 0141-352-10,11,12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES, PURSUANT TO A MITIGATED NEGATIVE DECLARATION WHEREAS, together, General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type -P 16-06 and Variance IN -01 constitute the Weir Road Villa Community Project ("Project"); and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub. Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines section 15073, preparation of a mitigated negative declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Reporting Program ("MMRP") were prepared for the Project; and WHEREAS, the Mayor and City Council, having independently reviewed and considered the MND and MM RP, and the entire record related thereto, have certified that the MND has been completed in compliance with the requirements of CEQA, and that, with the incorporation of identified mitigation measures, there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment; and WHEREAS, on July 24, 2018, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2018-040 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 16-06, Development Code Amendment (Zoning Map Amendment) 16-07, Development Permit Type -P 16-06 and Variance 18-01 to the Mayor and City Council; and WHEREAS, notice of the public hearing for the Mayor and City Council's consideration of the proposed Ordinance was published in The Sun newspaper on August 31, 2018; and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger additional environmental review under CEQA. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein. SECTION 2. Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3. Finding of Facts — Development Code Amendment Zgmn Ma Amendment) 16-07 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will replace the existing Zoning District Classification of four (4) parcels associated with the project from Commercial General (CG -1) to Residential Medium High (RMH). The Residential Medium High (RMH) Zone is intended for multi -family residential uses with a maximum density of 24 units per net acre. General Plan Circulation Element Goal 6.6.10: Consider the provision of incentives, such as reduced parking standards and density/intensity bonuses to those projects near transit stops that include transit -friendly uses such as child care, convenience retail, and housing. The new Residential Medium High (RMH) Zone along with the density bonus for amenities and proximity to alternate transportation options will provide for the accommodation of the development of an eighty-four (84) unit apartment complex containing approximately 23,272 square feet on a site containing approximately 2.81 acres. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: Any potential impacts created by the proposed amendment have been addressed in the Initial Study and appropriate mitigation measures have been identified by the Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program and will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. SECTION 4. Development Code Amendment (Zoning Map Amendment) 16-07 to change the Zoning District Classification from Commercial General (CG -1) to Residential Medium High (RMH) of four (4) parcels (APNs: 0141-352-10, 11, 12, and 13), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. 2 SECTION 5. Notice of Determination: The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City's compliance with the California Environmental Quality Act in approving the Project. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. 3 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-07 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG -1) TO RESIDENTIAL MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS: 0141-352-10,11,12 AND 13) CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES, PURSUANT TO A MITIGATED NEGATIVE DECLARATION I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, I field on the 3'd day of October 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ BARRIOS_ VALDIVIA ✓� SHORETT X NICKEL RICHARD x MULVIHILL ABSTAIN ABSENT George arena, , City Clerk The foregoing Ordinance is hereby approved this 3rd day of October 2018. R. Carey Davis, ayor City of San Be dino Approved as to form: Gary D. Saenz, City Attorney By- -4WO-) � "a, 4 EXHIBIT A DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) EXHIBIT "A" PROJECT: DCA/ZCA 16-07 Change the Zoning District Classification from Commercial General (CG -1) to Residential Medium High (RMH) for 2.25 acres NORTH iy' 1r� ��M ~t hZ�AL p,11 r� Reaww 80 buburtan M •,rr 3rd Ward ft ID u John Voldlvfa �tM.H wAY i Y irn� t IFI kr Y � »w bol iMal Mac ' One) kedcntriai Ughf A v 4 R F C o r" A I@ C I A L rte CITY OF LOMA LINDA