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HomeMy WebLinkAboutMC-1396 Adopted: January 6, 2014 Effective: February 6, 2014 ORDINANCE NO. MC-1396 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MAP AMENDMENT 13-04, TO CHANGE THE ZONING DESIGNATION OF THE 3 PROPERTIES LOCATED AT 1400 W. BASELINE STREET AND 1339-1387 W. 4 REECE STREET FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL URBAN (RU). 5 6 WHEREAS, the current Development Code was initially implemented in 1991; and WHEREAS, the current General Plan was initially implemented in 2005; and 7 WHEREAS, on November 20, 2013, the Planning Commission of the City of San 8 Bernardino held a noticed public hearing to consider public testimony and the staff report 9 recommending approval of Development Code Amendment (Zoning Map Amendment) 13- 10 04, and recommended approval of the proposed Zoning Map Amendment to the Mayor and 11 Common Council; and 12 WHEREAS, notice of the public hearing for the Mayor and Common Council's 13 consideration of the proposed Ordinance was published in The Sun newspaper on November 14 23 and December 5, 2013. WHEREAS, the Mayor and Common Council held a noticed public hearing on 15 December 2 & 16, 2013, and fully reviewed and considered Development Code Amendment 16 13-04, the Planning Commission recommendation and the Planning Division Staff Report. 17 18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 20 21 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 22 are true and hereby adopt and incorporate them herein. 23 SECTION 2. Findings of Fact. 24 1. The proposed amendment is consistent with the General Plan, in that per Table LU-2, 25 "Land Use and Zoning Designations Consistency" in the General Plan Land Use Element, the 26 proposed rezone of the property from General Commercial (CG-1) to Residential Urban (RU) 27 will be consistent with the General Plan, once the General Plan Land Use Map is changed from 28 1 MC-1396 1 Commercial to Single-Family Residential, which is proposed to occur concurrently with this Zoning Map Amendment. 2 3 4 2. The proposed amendment would not be detrimental to the public interest, health, safety, 5 convenience, or welfare of the City, in that as noted above, there is no development proposed in 6 conjunction with this application and the change in zoning designation of the site from CG-1 to RU will maintain the single-family residential development pattern of the subject properties and 7 bring these properties into conformance with the Development Code. 8 9 3. The proposed amendment would maintain the appropriate balance of land uses within the 10 City, in that as noted above, the change in zoning designation of the subject site from CG-1 to 11 RU will maintain the single-family residential development pattern of the project area. Thus,the 12 balance of land uses in the City will not be affected by this proposal. 13 14 4. The subject parcels are physically suitable (including,but not limited to, access,provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the 15 requested land use designation and the anticipated land use development. As noted in GPA 16 finding 3, above, the project area is currently developed with single-family residences and this 17 development will be maintained with this rezone, thus maintaining the land use compatibility of i8 the land uses in the project area. Further, the properties take direct access from the adjacent 19 streets, and the RU zoning designation is proposed to ensure the existing lots will meet the 20 minimum required lot size for the zone. 21 22 SECTION 3. Compliance with the California Environmental Quality Act. The Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt from 23 the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA 24 Guidelines, Infill Development, as the submitted project plans and supporting data indicate 25 that there will be no significant adverse effect on the environment. 26 27 SECTION 4. Development Code Amendment (Zoning Map Amendment) 13-04, 28 attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. 2 MC-1396 1 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 2 clause or phrase in this Ordinance or any part thereof is for any reason held to be 3 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 4 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 5 part thereof. The Mayor and Common Council hereby declares that it would have adopted 6 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 7 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 8 /// 9 III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 MC-1396 1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MAP AMENDMENT 13-04, TO CHANGE THE ZONING DESIGNATION OF THE 2 PROPERTIES LOCATED AT 1400 W. BASELINE STREET AND 1339-1387 W. REECE STREET FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL 3 URBAN (RU). 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at aj°int reg eefing thereof, held on 7 the 6th day of January , 2014, by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 JENKINS 12 x VALDIVIA 13 SHORETT 14 VACANT 15 16 JOHNSON X 17 MULVIHILL X 18 19 20 GeorgeaneHanna, Ci Clerk 21 The foregoing ordinance is hereby approved this '� day of January 22 201.4. 23 411116:1 /0■1111a._ 24 ATR K J. MORRIS, ayor 25 Approved as to form: City San Bernardino GARY D. SAENZ 26 City Attorney 27 By: 28 4