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Home My WebLink About2019-014Resolution No. 2019-14 RESOLUTION NO. 2019-14 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT 18-02 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM MULTI -FAMILY RESIDENTIAL TO COMMERCIAL GENERAL OF ONE (1) PARCEL (APN: 0280-131-28) CONTAINING APPROXIMATELY 0.39 ACRES. WHEREAS, on March 22, 2018, pursuant to the requirements of Chapter 19.36 (Conditional Use Permits), Chapter 19.42 (Development Code Amendments), Chapter 19.50 (General Plan Amendments), and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, an application for General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 was duly submitted by: Property Owner(s): HHI San Bernardino, LLC 3800 Orange Street #250 Riverside, CA 92501 Project Applicant: Fast 5 Xpress 567 San Nicolas Drive, Suite 390 Newport Beach, CA 92660 Property Address: 1659 S. Tippecanoe Avenue San Bernardino, CA 92408 APN(S): 0281-131-28, 29, 30, and 50 Lot Area: 1.32 acres WHEREAS, together, General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 constitute the Fast 5 Xpress Car Wash Project ("Project"); and WHEREAS, General Plan Amendment 18-02 and Development Code Amendment (Zoning Map Amendment) 18-03 is a request to allow the change of the General Plan Land Use Designation from Multi -Family Residential to Commercial and the Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG -1) of one (1) parcel containing a total of approximately 0.39 acres; and WHEREAS, Conditional Use Permit 18-03 is a request to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 Resolution No. 2019-14 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels containing a total of approximately 1.32 acres; 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 potentially significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, in accordance with State CEQA Guidelines sections 15072 and 15073, a Notice of Intent to Adopt an MND ("NOI") was mailed to all organizations and individuals who previously requested such notice in writing, and notice was also made by way of publication consistent with CEQA's requirements, and WHEREAS, in accordance with State CEQA Guidelines section 15072(d), on July 17, 2018, the NOI was also posted by the Clerk for the County of San Bernardino Board of Supervisors to begin the 20 -day public review period; and WHEREAS, a Mitigation Monitoring and Reporting Program ("NIMRP") has been prepared for the Project, and is attached hereto as Exhibit A; and WHEREAS, on September 12, 2018, pursuant to the requirements of 19.44.030 of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the Mitigated Negative Declaration and General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 to the Planning Commission for consideration; and WHEREAS, on October 9, 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 2018-059 recommending the adoption of the Mitigated Negative Declaration and General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 to the Mayor and City Council; and WHEREAS, notice of the January 16, 2019 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on January 5, 2019, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; 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 recirculation of the MND or additional environmental review under State CEQA Guidelines section 15073.5. Resolution No. 2019-14 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above -stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council have independently reviewed and considered the entire record before it, including the information contained in the Mitigated Negative Declaration prepared for the Project, comments received on the Mitigated Negative Declaration, and responses to those comments. The Mayor and City Council hereby certify that the Mitigated Negative Declaration has been completed in compliance with the requirements of CEQA and the State CEQA Guidelines, and reflects the independent judgment and analysis of the City. Based upon the Mitigated Negative Declaration, all comments and testimony received pertaining thereto, and the entirety of the record before it, the Mayor and City Council hereby find and determine that, with the incorporation of identified mitigation measures, there is no substantial evidence supporting a fair argument that approval of the Project (including the proposed General Plan Amendment 18- 02, Development Code Amendment [Zoning Map Amendment] 18-03, and Conditional Use Permit 18-03) will result in a significant effect on the environment. SECTION 3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Progiam. Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative Declaration for the Project, and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines. SECTION 4. Findings of Fact — General Plan Amendment 16-06: Finding No. 1: The proposed amendment is internally consistent with the General Plan. Finding of Fact: The project site, which is owned entirely by HHI San Bernardino, LLC, is currently a mix of vacant commercial property and underdeveloped residential property. The proposed amendment will remove the existing Residential Medium High (RMH) General Plan Land Use Designation from a portion of the project site, resulting in the entire site having the Commercial General (CG -1) General Plan Land Use Designation. The Commercial General (CG -1) General Plan Land Use Designation is intended to 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 service the needs of the residents. The change in the General Plan Land Use Designation would provide a single land uselzone over the entire 1.32 acre parcel and would allow the development, establishment, and operation of a drive-tbru express carwash containing approximately 5,486 square feet (Fast 5 Xpress Car Wash), which is consistent with other commercial Resolution No. 2019-14 retail and service uses within the project area. The project is also consistent with the following General Plan goals and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the General Plan Land Use Designation and Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG -1) will capitalize on the existing local and regional commuter traffic along the corridor. Policy 5.7.3 requires that new development maintain architectural interest and variety through varied rooflines, building setbacks, and detailed faVade treatments, and maintain a strong sense of project identity through similarities in fagade organization, signage, landscaping, material use, colors, and roof shapes. The proposed project implements the above General Plan policy in that the proposed development includes a new commercial building and has been designed with high- quality fagade treatments and a vaned roofline that incorporates distinct signage, which will provide additional architectural interest. 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: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendment from Residential Medium High (RMH) to Commercial General (CG -1) will facilitate the development of a drive-thru express carwash, which is consistent with the commercial retail and service uses within the project vicinity. The project site will be generally flat, with access from S. Tippecanoe Avenue (via E. Gould Street and E. Davidson Street), fully served by utility providers, and constructed in accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Resolution No. 2019-14 Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment would result in the project site having the Commercial General (CG -1) Zoning District classification, which, upon consolidation of the property, will allow for the development of a drive- thru express carwash. The subject property is located along a major arterial that supports other existing local and regional commercial uses. Therefore, the proposed change from Residential Medium High (RMH) to Commercial General (CG -1) for the one (1) parcel would increase the commercial designation along a major corridor creating greater consistency with other properties located along the existing commercial corridor and providing for an appropriate balance of land uses within the City. Finding No. 4: The subject parcels are physically suitable (including but not limited to, access, provision of utilities, compatibility with adjoining land uses, and adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact: The project site is currently comprised of four (4) parcels that are proposed to be merged into one (1) parcel containing a total of approximately 1.32 acres. The project site will be generally flat, with access from S. Tippecanoe Avenue (via E. Gould Street and E. Davidson Street). Utilities are available directly from S. Tippecanoe Avenue. The project site is sufficient in size to meet parking, loading, and landscaping requirements for the proposed drive-thru express carwash. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 5. General Plan Amendment 18-02 to change the General Plan Land Use Designation from Multi -Family Residential to Commercial of one (1) parcel (APN: 0280-131-28) is hereby approved and incorporated herein by reference as Exhibit B. SECTION 6. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 215 N. D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 7. 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 Board of Supervisors 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 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid Resolution No. 2019-14 or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and 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. APPROVED and ADOPTED by the City Count i f qnd signed by the Mayor and attested by the City Clerk this 16'h day of January 2019. r John Valdivia, Mayor City of San Bernardino Attest- Georgeann fianna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-14 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-14 adopted at a regular meeting held at the 16'h day of January 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ VACANT SHORETT x— NICKEL C RICHARD_ MULVIHILL_ WITNESS my hand and official seal of the City of San Bernardino this 160' day of January 2019. Georgeahn A inns, MMC, City Clerk