HomeMy WebLinkAboutMC-1397 Adopted: February 18, 2014
Effective: March 18, 2014
ORDINANCE NO. MC-1397
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING
MAP AMENDMENT 13-03, TO CHANGE THE ZONING DESIGNATION OF
3 PARCELS 0139-051-10 AND 15 FROM RESIDENTIAL SUBURBAN (RS) TO
4 COMMERCIAL GENERAL (CG-1).
5 WHEREAS, the current Development Code was initially implemented in 1991; and
6 WHEREAS, the current General Plan was initially implemented in 2005; and
7 WHEREAS, on October 16, 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 Zoning Map Amendment (ZMA) 13-03, and recommended
approval of the proposed Zoning Amendment to the Mayor and Common Council; and
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WHEREAS, notice of the public hearing for the Mayor and Common Council's
11 consideration of the proposed Ordinance was published in The Sun newspaper on January 23,
12 2014.
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14 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
is CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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17 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
are true and,.hereby adopt and incorporate them herein.
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19 SECTION 2. Findings of Fact.
20 1. The proposed amendment is consistent with the General Plan Land Use Policy 2.2.1 that
21 requires compatibility between land uses and quality design in that the proposed project has been
22 designed with unifying architectural design elements and will be compatible with other
23 commercial buildings located to the north of the project site and the residences to the south.
24 Economic Development Policy 4.1.1 seeks out businesses that create jobs and generate sales tax
25 revenue in that the proposed project will create job opportunities and commercial service
26 opportunities within the City and will contribute to the renewal of economic vitality of the area
by providing a venue for gas and commercial goods and services for that area.
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MC-1397
1 2. The proposed amendment does not cause changes that would be detrimental to the public
interest, health, safety, convenience, or welfare of the City, in that the properties subject to the
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proposed amendment are located in an urbanized area, on an arterial corridor with a full array of
3 services available and the change in zoning designation of the site from RS to CG-1 will
4 maintain a commercial land use classification on the site.
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6 3. The proposed amendment would maintain the appropriate balance of land uses within the
7 City, in that as noted in Findings 1 and 2, above, the change in zoning designation of the subject
8 site from RS to CG-1 will maintain the commercial General Plan land use designation for the
9 site. Thus,the balance of land uses in the City will not be affected by this proposal.
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4. The subject parcels are physically suitable (including,but not limited to, access,provision
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of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the
12 requested land use designation(s) and the anticipated land use development(s). The project site
13 consists of four individual parcels that are proposed to be consolidated into one, 1.16-acre parcel.
14 The proposed amendment area is bounded by developed, dedicated streets and existing
15 infrastructure suitable for commercial development. All required utilities and public services
16 could adequately serve the site. Therefore, the subject parcel is physically suitable for the
17 requested zoning designation and the anticipated land use development.
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SECTION 3. Compliance with the California Environmental Quality Act. The
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Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt from
20 the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA
21 Guidelines, Infill Development, as submitted project plans and supporting date indicate that
22 there will be no significant adverse effect on the environment.
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24 SECTION 4. Zoning Map Amendment 13-03, attached hereto as Exhibit A and
25 incorporated herein by reference, is hereby approved.
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
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clause or phrase in this Ordinance or any part thereof is for any reason held to be
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MC-1397
1 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 Ordinance or any
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part thereof. The Mayor and Common Council hereby declares that it would have adopted
3 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
4 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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14C-1397
ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MA'
AMENDMENT 13-03, TO CHANGE THE ZONING DESIGNATION OF PARCEL
2 0139-051-10 AND 15 FROM RESIDENTIAL SUBURBAN (RS) TO COMMERCIA
3 GENERAL (CG-1).
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor an.
5 Common Council of the City of San Bernardino at joint regular meeting thereof, held on
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the 18th day of February , 2014, by the following vote to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 JENKINS X
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VALDIVIA x
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SHORETT X
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15 NICKEL x
16 JOHNSON X
17 MULVIHILL X
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20 Georgea Hanna, Clerk
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The foregoing resolution is hereby approved this day of FPhr„ary , 2014.
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24 Pat 'ck J. Morris r
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of San Bernardino
26 Approved as to form:
Gary D. Saenz, City Attorney
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28 B P_L �_ a •