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HomeMy WebLinkAbout39-Planning and Building - city OF SAN BERNARAo - REQUEST FOR ~UNCIL ACTION From: Larry E. Reed, Assistant Director Dept: Planning and Building Services Subject: General Plan Amendment No. 91-1O Date: August 20, 1991 Mayor and Common Council Meeting of October 7, 1991 2:00 p.m. Synopsis of Previous Council action: On June 2, 1989, the Mayor and Common Council adopted the General Plan. In August , 1990, planning staff was directed to determine a way to preserve 8 single family homes of distinctive character located in the vicinity of Atlantic and Palm. Recommended motion: That the hearing be closed and that the Mayor and Common Council adopt the resolution which adopts the Negative Declaration and approves General Plan Amendment No. 91-10. J ---/ / /Ldf"ll~ ) . L'.-e~/ ;- Signature Larry E. Reed Phone: 384-5357 Contact person: Supporting data attached: Staff Report Ward: Ci ty ~li de FUNDING REOUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: 71;._n?l:.? Aaenda Item No. 3q - CITY 9F SAN BERNAR~O - REQUEST FOROOUNCIL ACTION STAFF REPORT SUBJECT: General Plan Amendment No. 91-10, To allow existing single family residential structures in the CO-2, Commercial Office, land use designation as conforming, permitted uses. Mayor and Common Council Meeting of Ocotber 7, 1991 REOUEST General Plan Amendment No. 91-10 is proposed to allow exist- ing single family residential structures as conforming, permitted uses in the CO-2, Commercial Office, land use designation citywide. BACKGROUND This is the first of several General Plan and Development Code amendments proposed by staff in an effort to preserve unique residential structures in the vicinity of Atlantic Street and Palm Avenue, as directed by the Common Council. The purpose is to allow the residences to be preserved until conversion to low intensity office uses occurs sometime in the future. The general plan amendment was reviewed by the Environmental Review Committee (ERC) on July 11, 1991 and a determination was made that the proposed amendment will not have any signi- ficant effects on the environment. The ERe recommended adoption of a Negative Declaration. The 21 day public review and comment period extended from July 18, 1991 to August 7, 1991. No comments were received. (Attachment A of Attach- ment 1, Initial StUdy). On August 6, 1991, General Plan Amendment No. 91-10 was reviewed by the Planning Commission at a noticed public hearing. The Planning Commission recommended that the Mayor and Common Council adopt the resolution amending the General Plan and adopt the Negative Declaration. (Attachment 1, Planning Commission Staff Report). MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council may adopt the resolution to adopt the Negative Declaration and amend the text of the General Plan; or The Mayor and Common Council may deny General Plan Amendment No. 91-10. 75-0264 ~eneral Plan Amendme~o. 91-10 Mayor and Common cou~~ Meeting of October 7, 1991 Page 2 o RECOMMENDATION staff recommends that the Mayor and Common Council adopt the resolution, copy attached, which adopts the Negative Declara- tion and approves General Plan Amendment No. 91-10 as pre- sented. Prepared by: Sandra Paulsen, Senior Planner for Larry E. Reed, Assistant Director Planning and Building Services Attachment 1 - Staff Report 1991 Attachment A - General Attachment B - Initial to Planning Commission August 6, Plan Page 1-94 Study Attachment 2 - Resolution Attachment A - General Plan Page 1-94 SRGPA91-10 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 10 8-6-91 1 and 2 APPLICANT: City of San Bernardino W (/) < (.) GENERAL PLAN AMENDMENT NO. 91-10 OWNER: N/A ti W ::) o W a:: - < W a:: < To add policy 1.29.13 to the General Plan which would allow existing single family residential structures in the CO-2. Commercial Office . land use designations as a permitted use. PROPERTY EXISTING LAND USE ZONING GENERAL PLAN DESIGNATION All CO-2 designations City wide GEOLOGIC I SEISMIC 0 YES HAZARD ZONE: N A 0 NO HIGH FIRE 0 YES HAZARD ZONE: 0 NO N A FLOOD HAZARD 0 YES o ZONE A SEWERS: DYES ZONE: o NO OZONE B N A o NO AIRPORT NOISEI 0 YES REDEVELOPMENT DYES CRASH ZONE: PROJECT AREA: IVA 0 NO N/A o NO o POTENTIAL SIGNIFICANT Z !Xl APPROVAL EFFECTS WITH 0 MmGATlNG MEASURES ~ 0 NOE.l.R. CONDITIONS o E.l.R. REQUIRED BUT NO II.Q II.Z 0 DENIAL SIGNIFICANT EFFECTS <W WITH MlTlGA TING til MEASURES 0 CONTINUANCE TO o SIGNIFICANT EFFECTS 0 fd SEE ATTACHED E.R.C. MINUTES a:: Pl.AN-U2 PAGE 1 OF 1 (<.oo) ... 0 NOT < APPUCABLE !Z(/) WCJ ::E Z ["1. EXEMPT Z- OQ a::ii!!: -II. ~ ~ NO SIGNIFICANT W EFFECTS CITY 01- _ .-.....0 ---- ATTACHMENT 1 ..Planning Commission Jt'\ting August 6, 1991 0 General Plan Amendme~No. 90-10 page 3 FINDINGS OF FACT 1. The proposed amendment is internally consistent with the General Plan in that General Plan policies, objectives and goals encourage the revitilization of existing housing stock and the conversion of residential uses in the CO-2 to low intensity office uses and permitting existing residences to become conforming furthers the policies contained in the General Plan. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that adding residential use of existing residential structures as a permitted use allows the structures to be a conforming use which ensures the owners of the ability to maintain the structures which is in the public interest. 3. The proposed amendment would maintain the appro- priate balances of land uses in the city in that permitting an existing land use does not affect the balance of land use. RECOMMENDATION Staff recommends that the Planning Commission make a recommendation to the Mayor and Common Council that: 1. A Negative Declaration be adopted in accordance with Section 21080.1 of the California Environmental Quality Act for the General Plan Amendment. 2. The General Plan be amended to allow family residential structures in the Office designation as a permitted use. existing single CO-2, Commercial Respectfully submitted, 6E.C~nt Directo, Planning and Building Services ----- ~ - '-. ,;. /;.,A. - .~-- sandra aulsen Senior Planner Attachments: A - General Plan Page 1-94 B - Initial Study SRGPA91-10 REOUEST o o " This a a city-initiated general plan amendment to add text to the General Plan to allow an existing single family residence in the CO-2, Commercial Office, designation as a legally conforming permitted use. BACKGROUND When the General Plan was adopted on June 2, 1989, it in- cluded provisions for the conversion of a residence to an office in CO-2. On April 15, 1991, the Mayor and Common Council added provisions for a combination residence/office use in CO-1 and CO-2. CEOA STATUS An Initial Study of the proposed General Plan Amendment was prepared and presented to the Environmental Review Committee on July 11, 1991. A Negative Declaration is proposed. The Initial Study was advertised and made available for public review from July 18, 1991 to August 7, 1991. No comments were received. ANALYSIS The General Plan designates a very small portion of the City (approximately 22 acres total) as CO-2, Commercial Office. The purpose of the district is to allow the conversion of residential structures to low intensity office uses. Therefore, many single family residences now exist in the Commercial Office designation. These homes have become legal non-conforming uses when occupied as a residence. As a legal non-conforming use, the homes may be occupied unless vacated for a continuous period of 6 months. However, repairs, alterations, and additions are severely limited. It is proposed that "1.29.13 - Allow existing single family resid- ential structures to remain as conforming permitted uses" be added to the General Plan on page 1-94 (Attachment A). The purpose of the amendment is to make existing residences a permitted use thereby allowing them to become a conforming use again. Goal 1A of the General Plan is to "provide for the continua- tion and development of sufficient land uses to serve the housing, commercial, educational, cultural, recreational and social needs of existing residents and population growth". Goal 1G(C) of the General Plan is to "provide for the revita- lization, adaptive reuse, and upgrade of deteriorated neigh- borhoods and districts." The objective of the goal (Objective 1.7) is to provide for the evolution of random patterns of development into a network of interrelated activities. The policy statement to achieve the goal is 1. 7.1 "accommodate new development, adaptive reuse, and renovation in accordance with the Land Use Map." .Planning Commission ~ing August 6, 1991 c:> General Plan Amendmen~o. 90-10 page 2 objective 3.2 is to "provide incentives to private owners of historic resources to maintain and/or enhance their properties in a manner that will conserve the integrity of such resources in the best possible manner". Policy 3.2.7 is to "encourage appropriate adaptive reuse of historic resources in order to prevent misuse, disrepair and demolition, taking care to protect surrounding neighborhoods from disruptive intrusions." The proposed general plan amendment is consistent with these goals, objectives and policies. The first goal, "continuation...of sufficient land uses to serve the housing...needs of existing residents..." provides direction that existing housing stock should be allowed to continue. General Plan Amendment No. 91-10 will allow for the maintenance and upkeep of single family residential units until such time as an office conversion is proposed in accordance with Goal 1G(c), Objective 1.7 and Policy 1.7.1. To allow the existing residences to become conforming will allow for revitalization and perhaps upgrades of the residential areas designated CO-2. Since many of the single family homes in the CO-2 designations have historic potential, Objective 3.2 and Policy 3.2.7 are both furthered by General Plan Amendment 91- 10. Three of the four existing CO-2 districts lie within the bounds of the Central City Area potential historic district as identified in Implementation I3.9 of the General Plan. The amendment proposed will enable "...maintenance and/or enhancement of ...properties..." (Objective 3.2) as well as "...to prevent misuse, disrepair and demolition..." (Policy 3.2.7) until such time as an office conversion is proposed. The property owner of a non conforming single family residence in CO-2 may be unable to secure home improvement loans, property insurance and other necessities to maintain a structure. This could lead to further deterioration of single family structures which could eventually cause demolition of the units as opposed to adaptive reuse. To permit the single family use furthers the goals, objectives, CONCLUSION It is necessary to allow existing single family residences as a permitted use in CO-2 to enable the structures to be conforming uses instead of the legal non-conforming status which exists now. This will further the goals and policies of the General Plan. Since the homes are existing and being used as residences, and since no new residential units will be permitted, there will be no negative environmental impacts. ji .c 1.28.31 1.2832 1.28.33 1.28.34 1.28.35 .QId<<tIw~ Enc:ourageQ.t a minimum 0130 ~.t ~ pa"r-ly fraat.p be occupied bY structwes (within 25 feet of the sidewa1lc) for I*ceIs 01 at _t 1.50 feet in width (11.1). Require an extensive landscape buffer (inanporating ground cover, flowering shrube, and trees) a1cms the stnlet iron., unless it Is the objective to create a continuous pedestrian-orienled corridor a1cmg the sidewa1lc (11.1). Require that adequate vehicular and service flows be provided between all individually developed I*ceIs au and 11.6). Require that all office development provides bulfers with adjacent residential land uses; indudins dec:ontive walls, landscape seth-dcs, restricted vehicular -ccess, endo&we of parkinS. structures to prevent sound transmission, and control of lighting and ambient illumiIlatian au and 11.6). Require that senior dtizen and senior amsregate care housing be designed in accordance with Policies 1.16.13 (11.1, 11.6, and 11.9). . , . It shall be the objective of the Oty 01 San Bernardino to: 1.2.9 Allow for the conversion 01 existing residential structures in designated areu for administrativ, pm. Jllona! offtces (11.1). ~ ZDIida. It shall be the polley of the Oty 01 San Bemardino to: ~ 1.2.9.10 1.2.9.11 1.29.12 1.29.13 . Permit tile alIlversion 01 r-iil-.tial structures for low-intensity use adJninistrative and F-: ~,f~mal offi-- in areu designated u "'CommercI.l Office.Residential'" (~2) (11.1). Allow new amstructian 01 administrative and prolesakmal offices, provided that it exhibits the visual appearance of a residence consisIent with existing adjacent residential structures (11.1 and 11.9). -Allow for ~ De of an office within an exl8tin9 occupied ruidence if no ..jor external ~al alteraUona or addiUona an ..de. .0 advertidJllJ, 18 peraitted except for an identifioatiOD alp, of up to 2 aqua" feet. 1-9' Allow existing singl~ family ~esidential structures to remain as conform~ng, perm~tted uses. Attachment "E" .' ^ t"\ ,..- -- CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY ...I Initial study for Environmental Impacts For General Plan Amendment No. 91-10 Project Number project description/location To add policv 1.29.13 to the General Plan which would allow existina sinale familv residential structures in the CO-2. Commercial Office land use designation as a permitted use. Date July 11. 1991 Applicant(s) Prepared for: Citv of San B@rnardino 300 North "0" Strp-p-t San RATnardinn. ~~ q241R Address City, state Zip Prepared by: Sandra Paulsen Name Senior Pl;!1nnAT Title City of San Bernardino Planning and Building Services 300 North no" street San Bernardino, CA 92418 Doc:Misc InitialStudy ... ...I C1TYOI....~ --- PI.AN-8.07 PAGE' OF 1 (4-90) CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY r' Following is the language to be added to the General Plan as policy 1.29.13. Allow single family residential structures, existing on or before July 1, 1991 to remain as conforming, permitted uses. This policy is added to policies in the CO-2, Commercial Office, land use designation. The CO-2 designation comprises approximately 22.5 acres located in the following general vicinities: 1. The northeast corner of 5th Street and Mt. View Avenue. 2. "D" Street north of 13th Street. 3. The northeast corner of 8th Street and "F" Street. 4. Arrowhead Avenue between Baseline Street and Highland Avenue. L ~~~ P!.AN.8.07 PAGE' OF 1 (4-QO) CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST A. BACKGROUND Application Number: General Plan Amendment NO. 91-10 Project Description: To add policy 1.29.13 to the general plan which would allow single family structures existing on or before July 1, 1991 to remain as conforming, permitted uses in the CO-2 designation. Location: Citywide Environmentel Constraints Areas: None General Plan Designation: CO-2 Zoning Designation: CO-2 B. ENVIRONMENTAL IMPACTS Explain answers, where appropriate, on a separate attached sheet. 1. Earth Re80uICM Will the proposal resu~ in: Yes No Maybe a. Earth movement (cut and/or fill) of 10,000 cubic yards or more? X b. Development and/or grading on a slope greater X than 15% natural grade? c. Development within the Alquist-Priolo Spacial Studies Zone as defined in Section 12.0 - Geologic X & Seismic, Flllure 47, of the City's General Plan? d. Modnication of any unique geologic or physical X feature? e. Development w"hin areas defined for high potential for water or wind erosion as identniad in Section 12.0- Geologic & Seismic, Figure 53, of the City's General X Plan? X f. Modnication of a channel, creak or river? ~~L...""" .. .... PL.AN-l.06 PAGE10F_ ('1.10) -- g. Development w~hin an area subjeclto landslides, mudslides, liquefaction or other similar hazards as identWied in Section 12.0 . Geologic & Seismic, Figures 48, 52 and 53 of the City's General Plan? h.. Other? 2. Air Re8our_: Will the proposal resutt in: a. Substantial air emissions or an effect upon ambient air qualby as defined by AQMD? b. The creation of objectionable odors? c. Development wbhin a high wind hazard area as identWied in Section 15.0 . Wind & F'n, Figure 59, oflhe City's General Plan? 3. Water Raaour_: Will the proposal resutt in: a. Changes in absorption rates, drainage palIems, or the rate and amount of surface runoff due to impermeable surfaces? b. Changes in the CXlUrse or flow of flood waters? c. Discharge into surface waters or any atteration of surface water qualby? d. Change in the quantity or quality of ground water? e. Exposure of people or properly to flood hazards as identnied in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number 060281 -, and Section 16.0 . Flooding, Figure 62, of the City's General Plan? f. Other? 4. Biological Raaource.: Could the proposal resutt in: a. Development within the Biological Resources Management Overlay, as identified in Section 10.0 - Natural Resources, F'lllure 41, of the City's General Plan? b. Change in the number of any unique, rare or endangered species of plants or their habitat including stands of trees? c. Change in the number of any unique, rare or endangered Ip8Cias of animals or their habitat? d. Removal of viable, mature trees? (6. or greater) e. Other? 5. Nolaa: Could the proposal rHutt in: a. Development of houling, hedh care fecllbies, schools, libraries, religious facllhiel or other "noise. ..nlhive uses in areal where exlating or future noise levels exceed an Leln of 65 dB(A) exterior and an Leln of 45 dB(A) interior as identnied in Section 14.0 - Noise, Figures 14-6 and 14-13 of the City's General Plan? ... ~.:.r..... -- Yes - No x X X X X X X X X X X X X X X X X Maybe ~ PLNH.08 PAGE 2 OF _ (11-10) r'l t'\ n ,.. - "'I b. Development of new or expansion of existing industrial, Yes No Maybe commerciel or other uses which generate noise levels on areas containing housing. schools, heahh care facilities or other sensbive uses above an Ldn of 65 dB(A) exterior X or an Ldn of 45 dB(A) interior? c. Other? X 6. Land U..: Will the proposal resun in: a. A change in the land use as designated on the General Plan? X b. Development within an Airpon District as identHied in the Air Installation Compatible Use Zone (AICUZ) Repon and the Land Use Zoning District Map? 1( c. Development wbhln Foothill Fire Zonas A & B, or C as identHiad on the Land Use Zoning District Map? 1( d. Other? X 7. MIIn-Maclll Hazarda: Will the project: a. Use, store, transport or dispose of hazardous or toxic materials (including but not limbed to oil, X pesticidas. chamicals or radiation)? b. Invoive the release of hazardous substances? X c. Expose people to the poIential heanhlsafaty hazards? X d. Other? X 8. Houalng: Will the proposal: a. Remove existing housing or create a demand X for addbional housing? b. Other? X 8. Transportation I CIrculation: Could the proposal. in comparison with the Circulation Plan as identHiad in Section 6.0 - Circulation of the Chy's General Plan, resun in: a. An increase In traffic that is greater than the land X use designated on the General Plan? b. Use of existing. or demand for n_. parking X facilities/structures? c. Impact upon existing public transponation systems? X d. Aneration of present patterns of circulation? X e. Impact to rail or air traffic? X f. Increased safety hazards to vehicles, bicyclists or X pedestrians? g. A disjointed pattarn of roadway improvements? X h. SignHicant increase in traffic volumes on the roadways X or intersections? i. Other? X cnvOl-....~ PLAN.'.Cl6 PAGE3OF_ 111-10) --- . . 10. Public Services: Will the proposal impaclthe following Yes No Maybe beyond the capabiltty to provide adequate levels of service? a. Fir. protection? X b. Polioe protection? X c. Schools (i.... attendance. boundaries, ov.rload, etc.)? X d. Parks or other recreational faciltties? X .. Medical Bid? X f. Solid Wast.? X g. Other? X 11. Utllhles: Will the proposal: a. Impaclthe following beyond the capabiltty to provide adequate lev.1s of servica or require the construction of n.w faciltties? 1. Natural gas? X 2. Electrictty? X 3. Water? X 4. S._r? X 5. Other? X b. R.sutt in a disjointed pattem of utlltty extensions? X c. Require the construction of new facilities? X 12. Aeathetlca: a. Could the proposal resutt In the obstruction of any X scenic view? b. Will the visual impact of the project be d8lrim.nlal X to the surrounding area? c. Other? RECONSTRUCTION OF DAMAGED X UNITS 13. Culturel Ruourcee: Could the proposal resutt in: a. Th. "eration or destruction of a prehistoric or historic archaeological stt. by developm.nt within an archaeological sensitive ar.a as id.ntifled In Section X 3.0 . Historioel. Figur. 8. of the Ctty's Gen.ral Plan? b. A1t.ration or destruction of a hlstorioel site. strUcture or object as listed In the Ctty's Historic Resources Reconnaissance Surv.y? X c. Other? X &'J..::.'::__~ PLAN.9.06 PAG~. O~ "t.Ol'll 14. MandatQry Flndlnga of Slgnlflcllnce (Section 15065) The California Environmental Quality Ad Slates that ff any of the following can be answered yes or maybe, the project may have a signfficant effect on the environment and an Environmental Impact Report shall be prepared. Ves No Maybe a. Does the project have the potantial to degrada the quality of the anvironmant, substantially reduce the habitat of a fish or wildlna species, cause a fish or wildlffe population to drop below sa. sustaining lave Is, thraaten to aliminata a plant or animal community, reduce the number or restrict tha range of a rare or andangared plant or animal or afiminate important examples of the major periods of California history or prehistory? b. Does tha projact have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? (A short-tarm impact on the ,environment is one which occurs in a ralatively brief, definnive period of time while long-term impacts will endure well into the fulure.) x x c. Does the projact have impacts which are individually limned, but cumulatively considerable? (A projact may impact on two or more separate resources where the impact on ellCh resource is ralatively small, but where the effect of thelo1a1 of thosa impacts on the environment is signfficanl) d. Does the projact have environmantal effects which will cause substantial adverse effects on human beings, enher directly or indirectly? x x C. DISCUSSION OF ENVIRONMENTAL EVALUA110N AND MI11GAnON MEASURES (Attach shaats as nec:assary.) 12(c). In the event an existing unit is destroyed by fire or natural catastrophe, the possibility exists that proposed reconstruction could be aesthetically displeasing. However, the reconstruction would require a development permit which the Planning Division would review. During the review, the division would make certain that the reconstruction is compatible with the existing, surrounding structure. There- fore the possibility is diminished to a level of insignifi- cance. ~==== PLAN-1.06 PAGE 5 OF" _ (11.90) I ... D. DETERMINAnON On the basis of this initial study, o The proposed project COULD NOT have a signijicant effect on the environment and a NEGATIVE DECLARA. TION will be prepared. o The proposed project could have a signnicant effect on the environment, aithough there will not be a signijicant effect in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. o The proposed project MAY have a signnicant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA H.c 1IJff!!t. Name and Tille w. Ge"~; Se.ll~ C IV, C @lw~ ~c~~ Date: 7 - 11- 11 cm'0I"'~ --...... PLANoI.oe PAGE_OF_ {1HIO} , , ./ o o o o Resolution No. 1 2 3 4 5 6 7 8 9 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-10 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals (a) The General Plan for the City of San Bernardino was adopted by the Mayor and Common Council by Resolution No. 89- 159 on June 2, 1989. 10 (b) General Plan Amendment No. 91-10 to the General 11 Plan of the city of San Bernardino was considered by the 12 Planning Commission on August 6, 1991, after a noticed public 13 hearing, and the Planning commission's recommendation of 14 approval has been considered by the Mayor and Common Council. 15 (c) An Initial Study was prepared on July 11, 1991 and 16 reviewed by the Environmental Review Committee and the 17 Planning Commission who both determined that General Plan 18 Amendment No. 91-10 would not have a significant effect on 19 the environment and, therefore, recommended that a Negative 20 Declaration be adopted. 21 (d) The proposed Negative Declaration received a 21 day 22 public review period from July 18, 1991 through August 7, 23 1991 and all comments relative thereto have been reviewed by 24 the Planning Commission and the Mayor and Common Council in 25 compliance with the California Environmental Quality Act 26 (CEQA) and local regulations. 27 IIII 28 IIII 1 ; ./ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o (el The Mayor and Common Council held a noticed public hearing and fully reviewed and considered the proposed General Plan Amendment No. 91-10 and the Planning Division Staff Report on October 7, 1991. (fl The adoption of the General Plan Amendment No. 91- 10 is deemed in the interest of the orderly development of the City and is consistent with the goals, objectives and policies of the existing General Plan. SECTION 2. Neaative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendment to the General Plan of the city of San Bernardino will have no significant effect on the environment, and the Negative Declaration heretofore prepared by the Environmental Review Committee as to the effect of this proposed plan is hereby ratified, affirmed and adopted. BE IT FURTHER RESOLVED by the Mayor and Common Council of the city of San Bernardino that: A. The proposed amendment is internally consistent with the General Plan in that goals, objectives and pOlicies contained in the land use element and the historic preservation element of the General Plan support the text amendment which will further those goals, objectives and policies. IIII IIII IIII IIII 2 , ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 ~ o o o o B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that adding the residential use of existing residential structures as a permitted use allows the structures to be a conforming use and gives the property owners the ability to maintain the structures, which is in the public interest. C. The proposed amendment would maintain the appropriate balance of land uses within the city in that permitting an existing land use does not affect the balance of land uses. SECTION 4. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: A. The text of the General Plan of the City of San Bernardino is amended by adding Policy 1.29.13 to page 1-94, (Attachment A) and is more specifically described as allowing existing single family structures to remain as conforming, permitted uses in the CO-2, Commercial Office, land use designation. This amendment is designated General Plan Amendment No. 91-10 a copy of which is attached and incorporated herein by reference. B. General Plan Amendment No. 91-10 shall be effective immediately upon adoption of this resolution. IIII IIII IIII ~ l. .,' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o SECTION 5. Text Notation This resolution and the amendment affected by it shall be noted on the appropriate General Plan page that has been previously adopted and approved by the Mayor and Common Council and which is on file in the office of the city Clerk. SECTION 6. Notice of Determination The Planning Division is hereby directed to file a Notice of Determination with the county Clerk of the County of San Bernardino certifying the city's compliance with CEQA in preparing the Negative Declaration. IIII I I I I IIII IIIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 4 '. ,i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTIO~.AD~ING THE NEGA~ ~CLARATION ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT 91-10 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. OF NO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common council of the city of Sah Bernardino at a meeting therefore, held on the day of 1991, by the following vote, to wit: council Members: ~ ~ ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER city Clerk The foregoing resolution is hereby approved this day of , 1991. w. R. Holcomb, Mayor city of San Bernardino Approved as to form and legal content: JAMES City F. PENMAN, ttorney ., +",-_1. j~:-U'l-<- 5 , . ....~ 1.28.31 ~ageQ. a minimum d 30 ~t eN. )M..~tr &wm~r be occupied bY structureS (within 25 feet of the sidewalk) for puaIs d at Ieat 150 feet in width m.l). 1..28.32 ~ an extensive 1andscape buffer (Uu:arporating ground cover, flowering shrubs, arid tnes) alang the stzeet frontage, unless it Is the objective to crate a amtinuous pedestrian-oriet8d cmridCI' akms the sidewalk m.l). . 1.28.33 Require that adequate whkuJar IIId serrice flows be provided betlHell all individually developed parcels m.l arid n.6). 1 ?8]4 Require that all office degeIopment provides buffers with Idjlant. z-i"ential land uses; indudiDg dec:arative waDs, Ivd...". ~~ restricted whkuJar ~C( II. encbure of parldng'strudUJ'eS to p...,1l\t soU11d t:ransmission.lIId amtrol d lighting aDd unbient i11mwrifta~ m.l arid n.6). ... 1 2835. Require that senior dtizm Uld IIIIior congrepIe aN housiJlI be designed in accordance with Policies 1.16.13 m.l, n.6, and nS). ~ . . . .abJ<<tIft ~ It sba11 be the objEctive of the Oty oi SIll Bemudhlo to: 1.29 ADow for the 0AA,.,_.at d eciII:ing nlSidential structureI in designated anIU for administrative ~ul ooIQN1 oIRces m.l). "-... .laIida. It sba11 be the policy oi the Oty oi SIll Bemardino to: ~ 1.29.10 1.29.11 1.29.12 . 1.29.13 .PeImit the CIlIlveniclft 01 residential structureI for low-iI\teIlIity tile IdmiIUstratift aDd )MA .1.....1 Nfl,.. in anIU ~-tpted as ""CoaunerciU OfBc:e.J1-"ential'" (0)2) aU). ADow new amst:ruc:tian oi administrative aDd pro_Iion-) tWfl~1 provided that it ecbibill the visual appearuu::e of a NSi<.4-.ce amsisteftt with existing Idjacent rea"ential stnU:tUrelI (n.l arid nS). .Ulov for 1:he ue of .. off1ce v11:h1n an a1at1D9 -,ap1ed naldenCe 1f no ..jor ~ ~ aluraUou or ad41tiou an ude. .0 adVUt:1a1nlJ, 18 puaitted except for aD 1dat1f1c:aucm alp, of up to 2 aquan feet. 1-94 ' Allow existing singl~ family ~esidential structures to remain as conform~ng. perm~tted uses.