HomeMy WebLinkAboutMC-1403 Adopted: July 7, 2014
Effective: August 7, 2014
1 ORDINANCE NO. MC-1403
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-15, A
3 CITY-INITATED REQUEST TO AMEND DEVELOPMENT CODE CHAPTER
4 19.19A AND THE CITY'S ZONING MAP TO ADD CERTAIN PARCELS LOCATED
AT 133 SOUTH E STREET TO THE TD OVERLAY.
5
6 WHEREAS, the current Development Code was initially implemented in 1991; and
7 WHEREAS, the current General Plan was initially implemented in 2005; and
WHEREAS, on May 21, 2014, 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) 14-
10 15, and recommended approval of the proposed Development Code Amendment (Zoning Map
11 Amendment) 14-15 to the Mayor and Common Council; and
12 WHEREAS, notice of the public hearing for the Mayor and Common Council's
13 consideration of the proposed resolution was published in The Sun newspaper on May 30,
14 2014.
15
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
16
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
17
18 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
19 are true and hereby adopt and incorporate them herein.
20
21 SECTION 2. Findings of Fact.
22 1. The proposed amendment will be consistent with the General Policy 2.2.1, which
23 calls for compatibility between land uses and quality design through adherence to the
24 standards and regulations in the Development Code and policies and guidelines in the
25 Community Design Element. The amendment will result in allowing developers to
26 modernize and improve the quality of design of certain properties located adjacent to the
27 Transit Center. The TD Overlay will allow the property to have the same benefits as
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MC41403
1 property immediately across E Street. Thus, the amendment will be consistent with this
2 policy.
3 2. The proposed amendment will add two parcels to the TD Overlay Zone. Further, the
4 amendment will enable the development/redevelopment of underperforming and blighted
5 parcels with new, high-quality development that will benefit the public interest, health,
6 safety, convenience and welfare of the City, rather than be detrimental to it.
7
8 SECTION 3. Development Code Amendment (Zoning Map Amendment) 14-15,
9 attached hereto as Exhibits A and B and incorporated herein by reference, is hereby
10 approved.
11
SECTION 4. Compliance with the California Environmental Quality Act. The
12
Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt
13 from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of
14 the CEQA Guidelines, because the effect of the amendment would not result in a significant
15 direct or reasonably foreseeable indirect physical change in the environment.
16
17 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
18 clause or phrase in this Ordinance or any part thereof is for any reason held to be
19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or
21 any part thereof. The Mayor and Common Council hereby declares that it would have
22 adopted each section irrespective of the fact that any one or more subsections, subdivisions,
23 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1403
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-15, A
2 CITY-INITATED REQUEST TO AMEND DEVELOPMENT CODE CHAPTER
19.19A AND THE CITY'S ZONING MAP TO ADD CERTAIN PARCELS LOCATED
3 AT 133 SOUTH E STREET TO THE TD OVERLAY.
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at aj oint regular meeting thereof,
6 held on the 7th day of July , 2014, by the following vote to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
9 BARRIOS
x
10 VALDIVIA
x
11 SHORETT
12 NICKEL x
JOHNSON x
13 MULVIHILL x
14
15
Georgeann Hanna, City Clerk
17
18 The foregoing Resolution is hereby approved this f"Cday of
19 July , 2014.
20
21
Virgin a Mar4yez, Mayor Pro Tem
22 Approved as to form: City of San Bernardino
23 GARY D. SAENZ, City Attorney
24
By:
26
27
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MC-1403
EXHIBIT A
Development Code Section 19.19A.020
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Parcels to be added
MC-1403
EXHIBIT B
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