HomeMy WebLinkAbout2019-325RESOLUTION NO. 2019-325
RESOLUTION NO. 2019-325
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING OF GENERAL PLAN AMENDMENT 19-02
CHANGING THE GENERAL PLAN LAND USE
DESIGNATION OF A PARCEL (APN: 0151-201-03)
CONTAINING APPROXIMATELY 0.12 ACRES LOCATED
ON THE NORTHWEST CORNER OF W. ]KENDALL
DRIVE AND N. MOUNTAIN DRIVE FROM RESIDENTIAL
SUBURBAN (RS) TO COMMERCIAL GENERAL (CG -1);
AND, FINDING THE PROJECT SUBJECT TO A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITYACT
WHEREAS, together, General Plan Amendment 19-02, Development Code Amendment
(Zoning Map Amendment) 19-07 and Conditional Use Permit 19-13 constitute the Snappy Mart
Project ("Project");
WHEREAS, pursuant to requirements of Section 15060 (Preliminary Review) of the
California Environmental Quality Act (CEQA), the Planning Division of the Community and
Economic Development Department evaluated General Plan Amendment 19-02, Development
Code Amendment (Zoning Map Amendment) 19-07 and Conditional Use Permit 19-13, and
concluded that the proposed Project is exempt under the CEQA Guidelines, as follows:
✓ Section 15061(b)(3) (Review for Exemption) - General Plan Amendment 19-
02 to change the General Plan Land Use Designation from Single -Family
Residential to Commercial and Development Code Amendment (Zoning Map
Amendment) 19-07 to change the Zoning District Classification from
Residential Suburban (RS) to Commercial General (CG -1) of a parcel
containing approximately 0.12 acres (5,152 square feet) (APN: 0151-201-03)
would correct a cartographic error that was made to the City of San
Bernardino General Plan Land Use Map and Zoning District Map, when they
were last updated on March 4, 2013, and would not lead to any physical
changes to the environment. This isolated, fragmented, irregularly shaped,
land locked and virtually unbuildable parcel situated between the County of
San Bernardino Flood Control right-of-way and the Commercial General
(CG -1) zone which reasonably should not have remained with a Single -
Family Residential General Plan Land Use Designation or Residential
Suburban (RS) Zoning District Classification qualifies for the "General Rule"
exemption under the CEQA Guidelines.
✓ Section 15332 (In -Fill Development Projects) - With the concurrent approval
of General Plan Amendment 19-02 and Development Code Amendment
(Zoning Map Amendment) 19-07, Conditional Use Permit 19-13 is
categorically exempt due to the fact that: (a) the project is consistent with the
applicable general plan designation and all applicable general plan policies as
well as with applicable zoning designation and regulations; (b) the proposed
RESOLUTION NO. 2019-325
development occurs within city limits on a project site of no more than five
(5) acres substantially surrounded by urban uses; (c) the project site has no
value as habitat for endangered, rare or threatened species; (d) approval of the
project would not result in any significant effects relating to traffic, noise, air
quality, or water quality; and, (e) the site can be adequately served by all
required utilities and public services.
WHEREAS, on October 8, 2019, 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 2019-047 forwarding a recommendation of approval of General Plan
Amendment 19-02, Development Code Amendment (Zoning Map Amendment) 19-07 and
Conditional Use Permit 19-13 to the Mayor and City Council; and,
WHEREAS, notice of the December 4, 2019 public hearing for the Mayor and City
Council's consideration of this proposed Resolution was published in The Sun newspaper on
November 23, 2019, and was mailed to property owners within a 500 foot radius of the Project
site in accordance with Development Code Chapter 19.52.
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. As the
decision-making body for the project, the Mayor and City Council have reviewed and considered
the information contained in the administrative record for General Plan Amendment 19-02,
Development Code Amendment (Zoning Map Amendment) 19-07 and Conditional Use Permit
19-13. Based upon the facts and information contained in the administrative record, including all
written and oral evidence presented to the Mayor and City Council, the Mayor and City Council
finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the
State CEQA Guidelines, and the City's Local CEQA Guidelines;
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061(b)(3) (Review for Exemption) and Section
15332 (In -Fill Development Projects) of the CEQA Guidelines;
(3) The application of the categorical exemptions is not barred by one of the exceptions
set forth in the CEQA Guidelines Section 15300.2; and
(4) The determination of CEQA exemption reflects the independent judgment of the
Mayor and City Council.
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RESOLUTION NO. 2019-325
SECTION 3. Finding, of Facts — General Plan Amendment 19-02
Finding No. 1: The proposed amendment is internally consistent with the General Plan.
Finding of Fact: The project site is comprised of four (4) parcels containing a total of
approximately 1.20 acres. Of these four (4) parcels, parcel known as APN:
0151-201-03, which only contains approximately 0.12 acres (5,152 square
feet, currently has a General Plan Land Use Designation of Single -Family
Residential and a Zoning District Classification of Residential Suburban
(RS). It appears that this cartographic error was made to the City of San
Bernardino General Plan Land Use Map and Zoning District Map when
they were last updated on March 4, 2013. This isolated, fragmented,
irregularly shaped, land locked and virtually unbuildable parcel is situated
between the County of San Bernardino Flood Control right-of-way and the
Commercial General (CG -1) zone which reasonably should not have
remained with a Single -Family Residential General Plan Land Use
Designation or Residential Suburban (RS) Zoning District Classification.
Proposed General Plan Amendment 19-02 will remove the existing Single -
Family Residential General Plan Land Use Designation from a portion of
the project site (APN: 0151-201-03), which only contains approximately
0.12 acres (5,152 square feet), resulting in the entire project site having a
Commercial General Plan Land Use Designation. The Commercial
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 proposed amendment allows for the development,
establishment, and operation of a service station, convenience store and
drive-thru express carwash on a project site comprised of four (4) parcels
containing a total of approximately 1.20 acres, which is consistent with
other commercial retail and service uses within the project area. The
project is also consistent with the following General Plan goals and
policies:
✓ _General Plan Land Use Element Policy 2.2.1: Ensure compatibility
between land uses and quality design through adherence to
standards and regulations in the Development Code and policies
and guidelines in the Community Design Element.
✓ General Plan Land Use Element Goal 2.4: Enhance the quality of
life and economic vitality in San Bernardino by strategic in -fill of
new development and revitalization of existing development.
✓ Land Use Element Policy 2.2.9: Require Police Department review
of uses that may characterized by high levels of noise, nighttime
patronage, and/or rates of crime; providing for the conditioning or
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RESOLUTION NO. 2019-325
control of use to prevent adverse impacts on adjacent residences,
schools, religious facilities, and similar "sensitive" uses.
✓ General Plan Community Desi Element Goal 5.4, Ensure
individual projects are well designed and maintained.
✓ General Plan Circulation Element Policy _ 6.9.1: Ensure that
developments provide an adequate supply of parking to meet its
needs either on-site or within close proximity.
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: Proposed General Plan Amendment 19-02 will not be detrimental to the
public interest, health, safety, convenience, or welfare of the City in that
the proposed amendment to remove the existing Single -Family Residential
General Plan Land Use Designation from a portion of the project site
(APN: 0151-201-03), which only contains approximately 0.12 acres
(5,152 square feet), resulting in the entire project site having a
Commercial General Plan Land Use Designation. Thus, this proposed
amendment will facilitate the development, establishment, and operation
of a service station, convenience store and drive-thru express carwash on a
project site comprised of four (4) parcels containing a total of
approximately 1.20 acres, which is consistent with the commercial retail
and service uses within the project vicinity. The project site is generally
flat with access from W. Kendall Drive and N. Mountain Drive and is fully
served by utility providers.
Finding No. 3: The proposed amendment would maintain the appropriate balance of land
uses within the City.
Finding of Fact: Proposed General Plan Amendment 19-02 would result in the entire
project site containing approximately 1.20 acres (5,152 square feet) having
the Commercial General Plan Land Use Designation, which, upon
consolidation of the subject properties, will allow for the development,
establishment, and operation of a service station, convenience store and
drive-thru express carwash. The subject project site is located along a
major arterial that supports other existing local and regional commercial
uses. Therefore, the proposed change from Single -Family Residential to
Commercial 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
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RESOLUTION NO. 2019-325
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 1.20 acres. The project site is generally flat, with access
from W. Kendall Drive and N. Mountain Drive. Utilities are available
directly from W. Kendall Drive. The project site is sufficient in size to
meet parking, loading, and landscaping requirements for the proposed
service station, convenience store and drive-thru express carwash. There
are no physical constraints on the site, such as steep slopes or
watercourses.
SECTION 4. General Plan Amendment 19-02 to change the General Plan Land Use
Designation from Single Family Residential to Commercial General of a parcel (APN: 0151-
201-03), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.
SECTION 5. Notice of ExemLtion: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Exemption 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 Resolution 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 Resolution 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 Resolution 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 Resolution 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.
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RESOLUTION NO. 2019-325
APPROVED and ADOPTED by the City u i l gned by the Mayor and attested
by the City Clerk this 0 day of December 2019.
or
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Ha a, MMC, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
RESOLUTION NO. 2019-325
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. 2019-325, adopted at a regular meeting held on the 4` day of December 2019 by
the following vote:
Council Members:
AYES NAYS
SANCHEZ
Y
1BARRA
FIGUEROA
x
SHORETT
X
NICKEL
RICHARD
X
MULVIHILL x
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 4b day of December
2019.
GeoCjeann Hanna, MMC, City Clerk
7
4049
EXHIBIT A
1,
RESOLUTION NO. 2019-325
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