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HomeMy WebLinkAboutMC-1391 " ' Adopted: August 5, 2013 Effective: September 5, 2013 ORDINANCE NO. M6-1391 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) NO. 13-02, 3 A REQUEST TO CHANGE THE ZONING DESIGNATION OF THE PROPERTY 4 LOCATED AT 1333 S. TIPPECANOE AVENUE FROM OFFICE INDUSTRIAL PARK(OIP) TO INDUSTRIAL LIGHT (IL). 5 WHEREAS, the current Development Code was initially adopted in 1991; and 6 7 WHEREAS,the current General Plan was initially adopted in 2005; and 8 9 WHEREAS, on May 22, 2013, the Planning Commission of the City of San 10 Bernardino held a noticed public hearing to consider public testimony and the staff report 11 recommending approval of DCA 13-02, and unanimously recommended approval of the 12 proposed Zoning Map Amendment to the Mayor and Common Council; and 13 14 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of the proposed DCA 13-02 was published in The Sun newspaper on June 6, 15 2013. 16 17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 18 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 19 20 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 21 are true and hereby adopt and incorporate them herein. 22 SECTION 2. Findings of Fact. 23 1. The proposed amendment is consistent with the General Plan, in that per Table LU-2, 24 "Land Use and Zoning Designations Consistency" in the General Plan Land Use Element, the 25 OIP and IL zones are both considered industrial designations, and therefore,the change of zoning 26 designation of the subject site from OIP to IL will be consistent with the General Plan. 27 28 1 MC-1391 2. The proposed amendment would not be detrimental to the public interest, health, safety, 1 convenience, or welfare of the City, in that as noted above, there is no development proposed in 2 conjunction with this application and the change in zoning designation of the site from OIP to IL 3 will maintain an industrial land use classification on the site. 4 5 3. The proposed amendment would maintain the appropriate balance of land uses within the 6 City, in that as noted in Findings 1 and 2, above, the change in zoning designation of the subject 7 site from OIP to IL will maintain the General Plan industrial land use designation for the site. 8 Thus,the balance of land uses in the City will not be affected by this proposal. 9 4. The subject parcel is physically suitable (including, but not limited to, access, provision 10 of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the 11 requested land use designation(s) and the anticipated land use development(s). The site is 12 rectangular, generally flat, and is approximately 19 acres in size. As noted above, the site is 13 presently developed with an industrial use, and the surrounding properties are also developed 14 with a variety of business park and industrial uses. The site has direct access from Tippecanoe 15 Avenue on the west, Victoria Avenue to the south and San Bernardino Road to the north, and is 16 presently served by all utilities. Further, the proposal to change the zoning designation of the 17 subject site from OIP to IL will maintain the industrial General Plan land use designation for the site. Therefore, the subject parcel is physically suitable for the requested zoning designation and 18 the anticipated land use development. 19 20 SECTION 3. Development Code Amendment (Zoning Map Amendment) No. 13-02, 21 to change the Zoning Designation of property located at 1333 S. Tippecanoe Avenue, 22 Assessor Parcel Number 0281-101-12, from Office Industrial Park (OIP) to Industrial Light 23 (IL), attached hereto as Exhibit A and incorporated herein by reference, is hereby adopted. 24 25 SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and Common Council finds that the proposed General Plan Amendment is exempt 26 from the California Environmental Quality Act (CEQA) pursuant to Section 15031 of the 27 28 2 MC-1391 1 CEQA Guidelines, Existing Facilities, as no revisions to the existing development on the subject site are proposed in conjunction with this application. 2 3 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 4 clause or phrase in this Ordinance or any part thereof is for any reason held to be 5 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 6 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 7 part thereof. The Mayor and Common Council hereby declares that it would have adopted 8 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 9 clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// 10 11 /// 12 //I 13 /// 14 /// 15 /// 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 3 MC-1391 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT 1 CODE AMENDMENT (ZONING MAP AMENDMENT) NO. 13-02, A REQUEST TO 2 CHANGE THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 1333 S. TIPPECANOE AVENUE FROM OFFICE INDUSTRIAL PARK (OIP) TO 3 INDUSTRIAL LIGHT (IL). 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 5 joint regular 6 and Common Council of the City of San Bernardino at a meeting thereof,held on 7 the 5th day of August , 2013, by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 x MARQUEZ 11 JENKINS x x 12 VALDIVIA 13 SHORETT x x 14 KELLEY JOHNSON x 15 x MC CAMMACK 16 17 18 Georgea# Hanna, C y Clerk 19 The foregoing Ordinance is hereby adopted this Sf1/iay of August.:_ 20 2013. 21 22 P• TRICK J. 1 ORRIS, a 23 Cit • . • :ernardino Approved as to form: 24 JAMES F. PENMAN 25 City Attorney By: 27 28 4