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Home My WebLink About29-Development Services -' Q",/,,<q"L n, """.d CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: William Woolard, Interim Director Subject: General Plan Amendment No. 00-04 - From RU-l to CG-3 for 5.4 acres on the south side of North park Boulevard, east of University Parkway. Dept: Development Services Date: January 9,2001 MCC Date: January 22, 2001 Synopsis of Previous Council Action: None Recommended Motion: That the Public Hearing be closed and the Mayor and Common Council deny General Plan Amendment No. 00-04, based on the Findings of Fact in the Planning Commission staffreport. ~ William Woolard Contact person: Valerie C. Ross Phone: 384.5057 Supporting data attached: Staff Report Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: fJ1.LUI~ 1-;;:;;-0, ""- de; Agenda He] #;1 JJJ.()/hJ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: General Plan Amendment No. 00-04 Mayor and Common Council meeting of January 22, 2001 Owner: W.R. & Pearl Holcomb 3702 Hemlock Drive San Bernardino, CA 92404 Applicant: Mark & Lela Jabin 30 Tennis Club Drive Rancho Mirage, CA 92270 Representative: Dave Mlynarski MAPCO P.O. Box 5822 San Bernardino, CA 92412 Ph: 909.890.9333 BACKGROUND: Dave Mlynarski, on behalf of the owner and applicant, submitted an application to amend the General Plan land use designation from RU-I, Residential Urban, to CG-3, Commercial General on approximately 5.38 acres. The site is located on the south side of Northpark Boulevard, east of University Parkway, at the East Entrance to Cal State University San Bernardino. Staff recommended denial of the General Plan Amendment for the reasons outlined in the Planning Commission staff report (Exhibit 1). At its meeting of December 19, 2000, the Planning Commission considered the General Plan Amendment. A motion to recommend approval failed on a 3 to 4 vote, with Commissioners Derry, Durr, and Enciso voting in favor ofthe motion and Commissioners Lockett, Ramirez, Sauerbrun, and Thrasher voting against the motion. Commissioners Coute, Garcia, and Welch were absent. Therefore, the Planning Commission recommended denial of General Plan Amendment No. 00-04. FINANCIAL IMPACT: None; the applicant paid all General Plan Amendment processing costs. RECOMMENDATION: Staffrecommends that the Mayor and Common Council close the public hearing and deny General Plan Amendment No. 00-04 based on the Findings of Fact in the Planning Commission staff report. Exhibits: 1 Planning Commission Staff Report --" ATfACIlMENf "A" SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Amendment 00-04 2 November 8,2000 5 APPLICANT: Mark & Lela Jabin 30 Tennis Club Drive Rancho Mirage, CA 92270 OWNER: W.R. & Pearl Holcomb 3702 Hemlock Drive San Bernardino, CA 92404 REQUEST/LOCATION: The applicant requests to change the land use designation of 5.38-acres from RU-l, Residential Urban, to CG-3, Commercial General. The site is located east of University Parkway, on the south side of Northpark Boulevard. CONSTRAINTS/OVERLAYS: High Wind/High Fire ENVIRONMENTAL FINDINGS: o Not Applicable o Exempt, Section 15332 In-fill Development o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: o Approval o Conditions o Denial o Continuance to: -, eral Plan Amendment 00-04 Meeting Date: November 8, 2000 Page 2 REOUEST AND LOCATION The applicant requests approval of a General Plan Amendment to change the land use district of approximately 5.38 acres from RU-l, Residential Urban to CG-3, Commercial General. The change in land use designation would allow for general commercial uses. The project is located east of University Parkway, on the south side of North park Boulevard. SETTING/SITE CHARACTERISTICS The site is across the street from California State University, San Bernardino, and has an existing church on the east, and multi-family on the west. Single family is located to the south. FINDINGS AND ANALYSIS ], Is the proposed amendment internally consistent with the General Plan? General Plan Objective 1.19 is 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 serve the needs of the residents.. ." Although the parcel is located on Northpark Boulevard, a major corridor in the Cal State area, staff believes this is spot zoning. Generally, spot zoning is defined as the rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the goals of the comprehensive or General Plan. General Plan GoallG states "It shall be the goal of the City of San Bernardino to achieve a pattern and distribution of land uses which retain and enhance established residential neighborhoods, commercial and industrial districts, regional-serving uses, recreation and amenities.. ." The area within the vicinity of the site is established with residential and public facility uses with Cajon High School and California State University, San Bernardino. Commercial uses as well are established at Kendall Avenue and University Parkway. This parcel does not provide a commercial node nor is it adjacent to a commercial node. General Plan Objective 1.7 states that "It shall be the objective of the City of San Bernardino to provide for the evolution of the existing random pattern ofland uses into a network of interrelated activity clusters and corridors which encompass commercial, govemmental, industrial, and/or high density residential uses, with intervening areas developed for lower intensity residential use, and low intensity, high quality residential uses in the foothills which are sited to maintain the foothills unique environmental character. " The existing land use designation was established to minimize a random pattern of land uses in the area. To create an isolated commercial site is not consistent with this objective. ~, General Plan Amendment 00-04 Meeting Date: December 19, 2000 Page 3 General Plan Objective 1.23 states that "It shall be the policy of the City of San Bernardino to develop properties adjacent to California State University at Bernardino along Northpark Boulevard for commercial and personal service uses to meet the needs of students, faculty, and visitors..." In the area surrounding the site there is eXlstmg commercial development on the southeast comer of University Parkway and Kendall Avenue. Commercial development is proposed for the property at the northwest comer of University Parkway and Kendall Avenue. Both developments serve or will serve the needs of students, faculty, and visitors, as well as area residents. In addition, there are existing commercial developments at the 1-215 freeway on and off ramps at University Parkway, the major access point and entryway to Cal State San Bernardino. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience, or welfare of the City? Yes. The proposal is detrimental to the public interest as it conflicts with General Plan goals, objectives, and policies. 3. Does the proposed amendment maintain the appropriate balance of land uses within the City? No. The proposal would reclassify acreage from residential to commercial. There are existing vacant sites and buildings in the immediate vicinity and throughout the City that could provide for commercial uses. 4. Is the subject parcel physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and anticipated land use development? Although there is approximately 525 feet of frontage on Northpark Boulevard, the parcel tapers to a point leaving the rear of the property less desirable and beneficial for commercial use. The configuration of the parcel is not conducive to the viability of commercial development. CONCLUSION The proposal does not meet all the necessary Findings of Fact for approval of General Plan Amendment No. 00-04, RECOMMENDATION Staffrecommends the Planning Commission recommend that the Mayor and Common Council: --" eral Plan Amendment 00-04 M..,ing Date: November 8. 2000 Page 4 1. Deny General Plan Amendment No. 00-04, based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted, Bill Woolard Interim Director of Development Services ~t~__ SylviJZ:ez j Assistant Planner Attachment A Attachment B Location Map Site Plan ---', ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA 00-04 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: November 8, 2000 u NORTH I I f'~ 1.1)1 -I - UNIVKItSlTY 1//0 BLVD CAI.JFOII'A 'TATE C '.lOll .."" 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" . ! ";:"' 0; , ~ . , ; r,Yi1 ~ .. 'B~l';, , ,. '.~: .' iP " (/') a:::: . i II, __._-"'". 'j:;r III ." \ /://'(11: '- - ...... I ::> a:::: i I i , . ~i i ! ~ H ~ !'- ~ ., ii .. ,: :;;~ ~h~ ~ ~~~~ ~ l~ ~ ~. ". i~~ ~ ~H~ ~(, hn ",f~ i i_ ~ ~ t --I 2/:LO/CI/ p;]'1 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK P.O. Box 1318. San Bernardino' CA 92402 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.ci.san-bernardino.ca.us February 22,2001 Dave E. Mlynarski, Principal MAPCO P.O. Box 5822 San Bernardino, CA 92412 A ' .. /\\.dV"~ Dear M,I.JMIyIlarski: At the meeting of the Mayor and Common Council held on February 20, 2001, the following action was taken regarding the public hearing on General Plan Amendment No. 00-04, to change the land use designation from RU-l to CG-3 for 5.4 acres on the south side of Northpark Boulevard, east of University Parkway: The matter was tabled indefinitely per your letter of February 16, 2001, directed to Mr. James Funk, Director of the Development Services Department. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ctJ:./u.l- !';J. C~.vlG Rachel G. Clark, CMC City Clerk cc: Development Services Mark & Lela Jabin W.R. & Pearl Holcomb CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty --J" MAPCO February 16, 2001 Mr, J... 1'lIDk, Dlndor. Devc\opmall ServiIles Department City of San BemanIlno 300 North "D" Street, 3" floor San Bel_dino, CA 924 1 I.()OOI Rt: G..en1 PIa Amod.... ~ (GPA OH4 ) Dear Mr. fWlk: On behalf of the appJicanIs, Mark a: Ltla Jabia, we hereby leaJl-\fiIIl)' request that the above plalvolng application 8IId reJevam public hearInc be 1ncIdnitely tabled. Cin:1IIIIStaDCeI have Iri8en that may Ietd to alternative plana for developnlCllt oflhia pmperty, We have had IeCept ~ IIIll convenaliolls with ~..-.4lItiva 10m the University 8IId potential developmenl emit.. that wamaI our consideratiou of thouahts and 1pIIlIa'.. We fi:cl conlideDt that a deeieion caa be reached in the JIllltt few weeb. Due to the IIIlCeItaiDly of 011I' direction we do IIOtwirh to abu8c the pub1lc ~.~ with aIIOtber colllinlllDCe. As 1UCb, we ~ that we may incur 1ldcI1tioaIl.... fin re-advcrtlaiDi should we elect to proceed with this corrent application ilOIIICtimo ill tile JIIlIr tbture. In c:losina, we wish to WIive our ripta IIIIder the permit streaDll1nIua let thereby extendq the lenath of time to 'pmtect' tbe current ODtitJement eppllcation. 1balIk you tbr yoIII' patieneo IIIll fiI~(Ible respoDJe to our request. ~~' MArCO ceo' Racltoel elm" CUy CI"k Co~ilmt>>t Joe Suam, ,. W(II'd Fred WllstHl, City AtJmbrl8traIW OEM/lm 184 W. Hospitality Lane, Suite 1-A P.O. Box 5822 Sin Bemlrdlno, CA 92412 T.lephone: (809) 8~S1333 FIX: (909) 890-9355 '#2.9 ---J., /- 22--r/ .:tf .2(.. OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK '" P.O. Box 1318. San Bernardino. CA92402 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.ci.san-bernardino.ca.us January 24, 2001 Mark and Lela Jabin 30 Tennis Club Drive Rancho Mirage, CA 92270 Dear Mr. and Mrs. Jabin: At the meeting of the Mayor and Common Council held on January 22, 2001, the public hearing on General Plan Amendment No. 00-04, to change the land use designation from RU-l to CG-3 for 5.4 acres on the south side of Northpark Boulevard, east of University Parkway, was continued to February 20, 2001. Your agenda item will be scheduled for hearing at 1\:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ~. ) . r .1 oj J-r,L ,""--'- Rachel G. Clark, CMC City Clerk /-1. (Ii' . .d <;.>I. ,.c((."t.H cc: Development Services W.R. & Pearl Holcomb Dave Mlynarski, MAPCO CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty --I, JAN-19-01 1212:42 PM MAPCO 91219 890 93~5 P.02 (: c' MAPCO Honorable Mayor and Common Council c/o Rachel Clark. City Clerk City of San Bernardino 300 North "D" St. San Bernardino, CA 92418 Via fax & U.S. Mail Re: OP A 00-04 Request for Continuance Honorable Mayor and Common Council: Acting as agents on behalf of the project applicants, Mark and Lelialabin, we hereby respectlblly request a 30 day continuance of the public hearing for General Plan Amendment 00.04 (GP A 00-(4). Due to unforeseen circ:urnltances, the applicants wiD be out of town and wiU not be available to attend the January 22, 2001 public hearina, We apologize for any inconvenience this may cause and look forward to addrmiog the Mayor and Common Council at a future date and time to be specified upon the granting of our request. Thank you for your thoughtful consideration of this matter, v cry truly yours, f)~~.~ David E. Mlynarski DEM:chd cc: Councilman J. Suarez.. Sth Ward Bill Woolard. City of San Bernardino Fred Wilson, Administrator, City of San Bernardino 184 W. Hospllality Lane, Suite 1.A P.O, Box 5822 s.n Bernardino, CA 92412 Telephone: (909) 890-9333 Fax: (909) 89().9355 ~#~/ 1/2-z-/o1 #-;.1 d./~O/ol ~, HpV-21.-00 11 :31 AM MAPCO 909 890 9355 P.82 MAPCO ~0~ber21.2000 Me, Bill Woolard, Interim Director ofDevelopmcnt Services City orSan Bernardino 300 ~orth "0" St., 3'" Floor San Bernardino, CA 92418 Re: GP A 00-04 Dear Mr. Woolard: On behalf of the applicant and owner-of-record, we are hereby requestill8 a lIeCOl1d continuance of this item. We feel that we will be prepared to address this item at tho first meeting in December of this year. In general, we are lleeking a better understanding of staff's position on this item. We have previously requested a meeting to discuss this matter, however, we have not been contacted "one way or the other". Further, we have received two letters, one from ,local resident and the other from California State University, requesting additional information as to the future plans for this property. We feel that it is important to respond to both the local resident and the University'S interest in this reprd. We have shared a good worldll8 relationship with the University to d'te and value their input and any concerns they may have due to a lack of knowledge pertaining to this matter. In closing, we are confused by staff's interpretation of our proposal as it relates to the City's General Plan. Staff's analysis seems arbitrary and without much forethought as to the physical layout of the immediate neighborhood, plans being developed and those currently underway at the University. There are many facts that have not been fairly represented regarding our proposal and the "history" of the subject property. We feel that the neighborhood wiD be better served by being more innovative than subjective. We appreciate your further consideration of our request and seek your participation in this matter. (\\ry ~ y ~S. David E. Mlynar Cc: Leli, Jabin; Bob Holcomb; David DeMauro, CaI State University; Councilman Joe Suarez, Fifth Ward; Fred Wilson, City Administrator. 184 W. Hospitality Lane. Suite 1-A P.O. Box 5822 San Bernardino, CA 92412 Telephone: (909) 890-9333 File (909) 890-93S5 --I, DEVELOPMENT SERVICES DEPARTMENT 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5057. Fax: 909.384.5080 Public Works Fax: 909.384.5155 . www.cLsan-bernardino.ca.us .. November 21, 2000 David E. Mlynarski 164 W. Hospitality Lane, Suite I-A P.O. Box 5822 San Bernardino, CA 92412 Re: GP A 00-04 Dear Mr. Mlynarski: I regret any misunderstanding regarding your request to have a meeting. We are certainly willing to meet with you to review your proposal. I hope that the following will help you in your efforts to justify the proposed amendment. When an application for a General Plan Amendment (and related zone change) is filed and considered by the Planning Commission and subsequently, the Mayor and Members of the Common Council, the burden of justifying the proposed change falls upon the applicant. The General Plan was adopted showing many areas in proximity to the university that are appropriate for commercial development; some ofthese areas are still undeveloped. To date, staff has not received any evidence to show that the proposed change is warranted or in the long-range interest of the neighborhood and the City. Questions that would address the issues include but are not limited to the following: Why should this specific property be re-designated? Why would the proposed designation be more appropriate to the immediate neighborhood and the City? What are the positive attributes that will enhance the adjacent uses, the neighborhood, and the City? If you have additional information to support your request, we will be glad to review it and to incorporate it into the agenda materials. Our analysis of the proposal to create a highly irregular five-acre island of commercial property in the middle of a residential area did not find the proposed change to be necessary or appropriate. Valerie Ross, Principal Planner, will be contacting you to set up a meeting if you would like to review these issues with us. Sincerely, , I /. ,. ' }JUUa 1utbtJtt~f William Woolard Interim Director of Development Services --l - 7-00 rUE 9:53 AMoZ78463~ FAX NO. 68'102a~g8807032 P. 2 FAXED 11-7-00 ">>.. ~ CALIFORNIA _TATE UNiVeRSITY SAN BERNARDINO 6800 Uniy",.ity Parkway, San llenw'dino. CA 89407-lllI97 ADMINISTRATION AND FINANCE Orfioe of the Vie. Pr..Sd...1: (809) 880-6110 -' November 7, 2000 Ms. Sylvia Juarez Assistant Planner City of San Bernardino Development Services Department 300 North "0" Street San Bernardino, CA 92418 Re: General Plan Amendment No. 00-04 Dear Mil. Juarez; ('''' ,,,, Thank you for notifying the University ofthc request to change thc land use designation of the 5.38 acre subject site on Northpark Boulcvard. Wc would like to ClI.presll concern that thc information does not indicate the specific types of commercial development, cffects upon traffic congestion, or othcr information which would be needed to respond concerning the development of this site. The University would likc to see additional information prior to changing thc land use designation and recommcnds deferral of the requested change until the information is presented. Thank you for your consideration of the University's concern. I'll be glad to discuss this further with you, if needed. Sincerely, It.. L, Jl, f;;;r David DeMauro Vice President for Administr.llion and Finance .,., ,"T -?:"<:').....i~r~ "11 :i-;~y, '~;ltn (.... "" ~1..tD 7''''' Colifu...io S- U-'iIy BtWnf/IId . CloInnM~ . CAIfO . ~HiIIo . "- . 'ul/moo . H.._ . H_' 1.0..,.- . z... """Ie .llarilllMAaIdcn\Y ~s.,,' ~. _. __ . &00......,.,.. """0;.,,' Sa>.1l'Mciooo' s...J_' s...LuU~' &00_ . -....8_ ---I. . c~ c., '-Ij~ November 5, 2000 ;:)Pfr'Wf2O\\fif2[Q) : ~1') t.S \lD l5 \V L5 D 1_1 U },(t':',J:" '1 2(';l""O ~ hi;: :)~. UU - Paul Schaefer ;:';",'t. .,-.,.,.. . :"F ~i.::h\'jC::S U:::'7',:\rlTt}t:i'~T San Bernardino Planning Division City Hall 300 North "D" Street San Bernardino CA 92418 Dear Members of the Planning Division: I am unable to attend the public hearing on this zoning change so I am writing this letter to express my opposition to this change. In inquires to City Hall about what this project is about I was unable to get a clear answer. I was told that the resulting zone change could allow anything from a fast food restaurant to a liquor store. I am in opposition to any fast food operation or establishment that would sell alcohol in this area. This area is adjacent to a beautiful church and is surrounded by residential properties. A fast food restaurant would bring noise, traffic, and refuse associated with that type of business. Of course an establishment that sells alcohol is out of the question so close to a church and a neighborhood where so many children reside. Most students attending nearby UCSB are underage and any establishment that sold alcohol would be a bad influence that could only lead to drinking problems at the college. Until clarification on the exact plans for this parcel are brought forth, I will remain extremely opposed to any change in zoning of this parcel from its current RU-1. My wife and I are registered voters in the City of San Bernardino and vote consistently. As such I am requesting that you represent our wishes and leave the zoning of APN 0266-131-24 as Residential Urban (RU- 1). Your consideration in this matter is greatly appreciated. Sincerely, /i'aI ~~ ~,,' - "~,-; "" Paul Schaefer !,'/' -,---,--~-'--'--_.~-~""" -,...',1 ':.1 :;/ H6.... STEAMBOAT CIRCLE SAN BERNARDINO CA 92407 :tf: ~ to -'", '. .. . MAPCO REef Honorable Mayor and Common Council c/o Rachel Clark, City Clerk City of San Bernardino 300 North "D" St. San Bernardino, CA 92418 ,! (h t'- Via fax & u. S. Mail .I~,N 22 All:c; '01 Re: GP A 00-04 Request for Continuance Honorable Mayor and Common Council: Acting as agents on behalf of the project applicants, Mark and Lelia JOOin, we hereby respectfully request a 30 day continuance of the public hearing for General Plan Amendment 00-04 (GP A 00-04). Due to unforeseen circumstances, the applicants will be out of town and will not be available to attend the January 22,2001 public hearing. We apologize for any inconvenience this may cause and look forward to addressing the Mayor and Common Council at a future date and time to be specified upon the granting of our request. Thank: you for your thoughtful consideration of this matter, Very truly yours, f)~ l-. ~~ David E. M1ynarski DEM:chd cc: Counci1man J. Suarez, 5th Ward Bill Woolard, City of San Bernardino Fred Wilson, Administrator, City of San Bernardino 164 W. Hospitality Lane, Suite 1-A P.O. Box 5822 San Bernardino, CA 92412 Telephone: (909) 890-9333 Fax: (909) 890-9355 ~ g>:o~ =>9-u IJJIJJO ~~o 0>", aoo s.~ .0 o .)> co '" .... ~ '" , '" 00 '" '" cnW(")("):I: III 8;::+-'0 ::;] '< 0 ::;] ~~a~~ 3;::!.&>g..g: !!l~::;] (I) (I) Q, q OJ (") illS: ::;] - (I) - o cn'" 1Il,< - _::J ~ 0 ('") CD ~ - ..., )>!2.Q,Q~ ::;]-a. <0 0'< I\) (")(") ./>. -0 ~ (1)3 (Xl *' 3 o ::;] (") o c ::;] Q. '\"')\ , t .'. \ i J III I II I{ t \ \ \ \ \