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HomeMy WebLinkAbout50- Planning & Building Services CITY OF SAN BERNk ADINO - REQUEST Fl _4 COUNCIL ACTION From: Al Boughey, Director Subject: General Plan Amendment No. 93-02 to allow auto body work and painting in Dept: Planning & Building Services the CG-1, Commercial General , land use designation with approval of a CUP. Date: November 18, 1993 MCC meeting of December 6, 1993 @ 2 :00 p.m. Synopsis of Previous Council action: 06/02/89 - The Mayor and Common Council adopted the General Plan for the City of San Bernardino. 05/13/93 - The Mayor and Common Council directed Staff to initiate a Development Code Amendment to allow legally established existing auto body/paint businesses (approximately 30) to become conforming uses and to permit new facilities to be established. 11/15/93 - The Mayor and Common Council heard the first reading of Development Code Amendment No. 93-07, which would, in part, allow auto body work and painting in the CG-1, Commercial General , land use designation. Recommended motion: That the hearing be closed and the Resolution be adopted which adopts the Negative Declaration and approves General Plan Amendment No. 93-02. oln&6� 2 � ig�naM-re AL B0UGHE Contact person:. Al Boughey Phone: 5357 Supporting data attached: Yes Ward:_ City-wide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT 93-02 REQUEST/LOCATION: This is a City-initiated request for an amendment to the General Plan (Policy 1.19.11) to permit auto body work and vehicle painting with approval of a Conditional Use Permit in the CG-1, Commercial General land use district. This General Plan Amendment will allow the related revision to the Development Code regarding auto-related uses, specifically auto body work and painting in the CG-1 land use designation, to be implemented. This amendment will affect the entire incorporated portion of the City of San Bernardino. KEY ISSUES: The key issues are as follows: • The City of San Bernardino General Plan was adopted on June 2, 1989. • On May 13, 1993, the Mayor and Common Council directed Staff to initiate a Development Code Amendment to allow legally established existing auto body/paint businesses (approximately 30) to become conforming uses and to permit new facilities to be established in the CG-1 district. • The related change to the Development Code has been included in Development Code Amendment (DCA) 93-07, which revised the tables of permitted uses. • The Development Code allows auto related uses to operate in the CG-1 land use designations subject to the approval of a Conditional Use Permit. The primary function of the CUP is to ensure compatibility with surrounding uses and to ensure that all auto related uses are conducted within a totally enclosed building. Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning Commission. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council may: 1. Approve General Plan Amendment 93-02 as proposed; or 2. Deny General Plan Amendment 93-02. ENVIRONMENTAL: The Initial Study was completed by staff and a Negative Declaration proposed. The Environmental Review Committee (ERC), reviewed the proposed amendment at their regularly scheduled meeting of September 9, 1993. A Negative Declaration was recommended. The Initial Study was available for public review and comment from September 13, 1993 through October 4, 1993. No comments were received during the public review and comment period. General Plan Amendment 93-02 Mayor and Common Council meeting of December 20, 1993 Page 2 PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed General Plan Amendment 93-02 on November 3, 1993, and voted 7-0 to recommend to the Mayor and Common Council adoption of the Negative Declaration and approval of the General Plan Amendment, based upon the attached Findings of Fact (Attachment A). STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council adopt the Resolution which adopts the Negative Declaration and approves General Plan Amendment No. 93-02, based upon the attached Findings of Fact (Attachment A). Prepared by: Jeffery S. Adams, Assistant Planner For: Al Boughey, Director, Planning and Building Services EXHIBITS: 1. Planning Commission Staff Report Attachments: A. Findings of Fact B. Initial Study 2. Resolution General Plan Amendment No. 93-02 Agenda Item 4 Hearing Date: 11-3-93 Page 3 I FINDINGS OF FACT for General Plan Amendment No. 93-02 1. The proposed amendment is internally consistent with the General Plan in that there are no other provisions which prohibit auto body work or painting in the CG-1 land use designation. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that proposed changes are permissive in nature but do not change the ability of the City to review and condition development projects. 3. The proposed amendment would maintain the appropriate balance of land uses within the City in that the land use designation will not change as a result of this amendment. ATTACHMENT A INITIAL STUDY GENERAL PLAN AMENDMENT 93-02 Project Description/Location: A proposal to amend the General Plan (Policy 1.19.11) to permit auto-related retail and service uses, including auto body and painting with a Conditional Use Permit in the CG-1, Commercial General land use district. This General Plan Amendment will allow the related revision to the Development Code regarding auto-related uses to be implemented. This amendment is City-wide. Date: September 7, 1993 Applicant: CITY OF SAN BERNARDINO Prepared by: Jeffery S. Adams Assistant Planner City of San Bernardino Planning and Building Services 300 North "D" Street San Bernardino, CA 92418 ATTACEMIENT B INITIAL STUDY FOR GENERAL PLAN AMENDMENT 93-02 INTRODUCTION This Initial Study is provided by the City of San Bernardino for General Plan Amendment 93-02. It contains an evaluation of potential adverse impacts that can occur if the proposed Amendment is adopted. The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. The following components constitute the Initial Study for General Plan Amendment 93-02; 1. Project Description 2. Location 3. Environmental Impact Checklist 4. Discussion of Environmental Evaluation and Mitigation Measures 5. Conclusion/Environmental Determination Combined, these components constitute the complete Initial Study. t 1. PROJECT DESCRIPTION The project is a proposal to amend the General Plan (Policy 1.19.11) to permit auto body work including auto painting with a Conditional Use Permit in the CG-1, Commercial General land use district. 2. LOCATION The amendment will apply to all incorporated land within the City of San Bernardino designated as a CG-1, Commercial General. 3. ENVIRONMENTAL IMPACT CHECKLIST See Next Page CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES:DDE:PART:MENT ENVIRONMENTAL IMPACT CHECKLIS A. BACKGROUND Application Number: General Plan Amendment No. 93-02 Project Description: Amendment to General Plan Policy 1 . 19 . 11 to allow auto- body work and related painting in the CG-1 , Commercial General land use designation with the approval of a Conditional Use Permit. Location: This amendment will be City-wide. Environmental Constraints Areas: City-wide General Plan Designation: CG-1 . Commercial General Zoning Designation: CG-1 . Commercial General S. ENVIRONMENTAL IMPACTS Explain answers, where appropriate, on a separate attached sheet. 1. Earth Resources Will the proposal result in: Yes No Maybe a. Earth movement(cut and/or fill)of 10,000 cubic X yards or more? b. Development and/or grading on a slope greater than 15% natural grade? X c. Development within the Alquist-Priolo Special Studies Zone as defined in Section 12.0-Geologic X & Seismic, Figure 47, of the City's General Plan? d. Modification of any unique geologic or physical X feature? e. Development within areas defined for high potential for water or wind erosion as identified in Section 12.0- Geologic& Seismic, Figure 53, of the City's General Plan? X f. Modification of a channel, creek or river? X g. Development within an area subject to landslides, Yes No Maybe mudslides, liquefaction or other similar hazards as identified in Section 12.0 - Geologic& Seismic, Figures 48, 52 and 53 cf the City's General Plan? — X X h. Otherl — 2. Air Resources: Will the proposal result in: a. Substantial air emissions or an effect upon ambient air quality as defined by AOMD? — X b. The creation of objectionable odors? — X c. Development within a high wind hazard area as identified in Section 15.0- Wind & Fire, Figure 59, of the City's General Plan? — 3. Water Resources: Will the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff due to impermeable surfaces? _ X b. Changes in the course or flow of flood waters? — X c. Discharge into surface waters or any alteration X of surface water quality? — d. Change in the quantity of quality of ground water? _ X e. Exposure of people or property to flood hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number 060281 _, and Section 16.0- X Flooding, Figure 62, of the City's General Plan? _ f. Other? _ X 4. Biological Resources: Could the proposal result in: a. Development within the Biological Resources Management Overlay,as identified in Section 10.0 - Natural Resources, Figure 41,of the City's X General Plan? b. Change in the number of any unique,rare or endangered species of plants or their habitat including X stands of trees? _ c. Change in the number of any unique, rare or X endangered species of animals or their habitat? d. Removal of viable, mature trees? (6'or greater) X e. Other? _ X 5. Noise: Could the proposal result in: a. Development of housing, health care facilities, schools, libraries, religious facilities or other`noise'sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0- Noise, Figures$7 and 58 of the City's General Plan? low b. Development of new or expansion of existing industrial, Yes No Maybe commercial or other uses which generate noise levels on areas containing housing, schools, health care facilities or other sensitive uses aoove an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior? X c. Other? X 6. Land Use: Will the proposal result in: a. A change in the land use as designated on the General Plan? X b. Development within an Airport District as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? X c. Development within Foothill Fire Zones A& B, or C as identified on the Land Use Zoning District Map? X X d. Other? 7. Man-Made Hazards: Will the project: a.- Use, store,transport or dispose of hazardous or toxic materials (including but not limited to oil, pesticides,chemicals or radiation)? X b. Involve the release of hazardous substances? X c. Expose people to the potential heafth/safety hazards? X d. Other? X S. Housing: Will the proposal: a. Remove existing housing or create a demand X for additional housing? b. Other? X 9. Transportation/Circulation: Could the proposal, in comparison with the Circulation Plan as identified in Section 6.0 -Circulation of the City's General Plan, result in: a. An increase in traffic that is greater than the land use designated on the General Plan? X b. Use of existing, or demand for new, parking facilities/structures? X C. Impact upon existing public transportation systems? X d. Alteration of present patterns of circulation? X e. Impact to rail or air traffic? X I. Increased safety hazards to vehicles,bicyclists or pedestrians? X g. A disjointed pattern of roadway improvements? X h. Significant increase in traffic volumes on the roadways X or intersections? i. Other? X a 10. Public Services: Will the proposal impact the following Yes No Maybe beyond the capability to provide adequate levels of service? a. Fire protection? X b. Police protection? X c. Schools (i.e., attendance, boundaries, overload, etc.)? X d. Parks or other recreational facilities? X e. Medical aid? X f. Solid Waste? X g. Other? X 11. Utilities: Will the proposal: a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? X 1. Natural gas? 2. Electricity? X 3. Water? X 4. Sewer? X 5. Other? X b. Result in a disjointed pattern of utility extensions? X c. Require the construction of new facilities? X 12. Aesthetics: a. Could the proposal result in the obstruction of any X scenic view? b. Will the visual impact of the project be detrimental to the surrounding area? X c. Other? X 13. Cuttural Resources: Could the proposal result in: a. The alteration or destruction of a prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section X 3.0 -Historical, Figure 8,of the City's General Plan? b. Alteration or destruction of a historical site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? X C. Other? X 14. Mandatory Findings of Significance (Section 15065) The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. Yes No Maybe a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history X or prehistory? - b. Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the X environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, X either directly or indirectly? C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (Attach sheets as necessary.) See following pages. 4. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES 1. Earth Resources a-g. The proposed amendment to the General Plan has no potential to directly impact any of the earth resources. Auto related uses are already permitted in the CG-1 land use designation, the amendment will allow auto body and related painting but is procedural in nature and will not impact earth resources. No potential for significant negative impacts has been identified, and no mitigation is required. 2. Air Resources: a-c. Auto-body work/painting may create potential air quality impacts, however project specific standard development review will continue and remain unaltered. Auto-related uses are conditionally permitted and therefore are required to meet certain air quality standards for approval. Standard requirements will mitigate any potential for significant negative impacts that are identified, therefore no mitigation is required for this amendment. 3. Water Resources: a-f The proposed amendment has no potential to directly impact any of the water resource issues. Changing the permitted land use in a specific designation will not create any impacts to water resources. The review process will require a conditional use permit and will continue to address future development in order to protect people and property from flood hazards and address issues relating to water. No potential for significant negative impacts has been identified, and no mitigation is required. 4. Biological Resources: a-d. The proposed amendment does not alter the amount or location of any biological resources or natural habitat. The level of review a development project is required to undergo will not be reduced due to this amendment. No potential for significant negative impacts has been identified, and no mitigation is required. 5. Noise: a-c. Auto-body work may create potential noise impacts, however standard development review for noise impacts will continue and remain unaltered. Auto-related uses are conditionally permitted and therefore are required to meet certain noise standards for approval. Standard requirements will mitigate any potential for significant negative impacts that are identified, therefore no mitigation is required for this amendment. i 6. Land Use: a-d. The amendment does not change any land use designations but does allow additional activities that are not currently permitted. There are numerous existing auto-body shops in the CG-1 designation and auto-body work and related painting was allowed in the same land use designation prior to the adoption of the General Plan in 1989. The amendment will not create any negative impacts to existing land uses within the Airport Districts nor within the Foothill Fire Zone, therefore no mitigation is required. 7: Man-Made Hazards: a-d. Auto-body work and related painting is currently permitted with a Conditional Use Permit in CR-4, CH, IL and with a Development Permit in CCS-2. The use, transportation, storage or disposal of any hazardous substances will be controlled during the review process of the specific project. The amendment will not reduce the review criteria nor thresholds at which a project is required to maintain. Therefore, no potential for significant negative impact has been identified, and no mitigation is required. 8. Housing: a-b. None of the proposed modifications has any identified potential to remove existing or create a demand for additional housing. Therefore, no potential for significant negative impact has been identified, and no mitigation is required. 9. Transportation/Circulation: a-i. The proposed amendment does not have the potential to increase the land use density, or create a greater traffic load beyond that which is already permitted for the General Commercial land use designation. 10. Public Services: a-g. The proposed amendment does not alter access to public services in any manner. All projects are required to provide access to public services. There are no potential impacts to public services created by this amendment beyond those forecasted in the City's General Plan. Therefore, no potential for significant negative impact has been identified, and no mitigation is required. 11. Utilities: a-c. The amendment will not alter the requirement to demonstrate adequate access to, or service by public utilities. The amendment will not create the demand for construction of additional utility infrastructure, nor has any significant negative impact been identified as a result of this amendment. Therefore, no mitigation is required. 12. Aesthetics: a-c. Aesthetics are addressed during a review of the project at the development phase by the City. This amendment will not alter the review process nor the City's ability to evaluate the aesthetic impact of a project. Therefore, no potential for significant negative impact has been identified, and no mitigation is required. 13. Cultural Resources: a-c. This amendment has no potential to directly impact cultural resources. Standard review requires an evaluation of cultural resources on a project by project basis and will not be altered as a result of this amendment. Therefore, no potential for significant negative impact has been identified, and no mitigation is required. doc:6060sa) S. CONCLUSION/ENVIRON-NTENTAL DETEK IINATION On the basis of this Initial Study, The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ The proposed project could have a significant effect on the environment, although there will not be a significant effect in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA Sandra Paulsen, Senior Planner Name and Title Signature Date professional and financial offices in areas designed as "Commercial General' (CG-1) (I1.1). 1.19.11 Permit the development of new and used car dealerships and auto-related retail and service uses a'd faint) with a Conditional a Use Permit to ensure compatibility with adjacent uses (II.1 and I1.6). Density/Intensity and Height 1.19.20 Permit a maximum floor area ratio of 0.7 and height of two stories (30 feet) except on parcels immediately abutting a freeway where the height may be increased by Conditional Use Permit (IM). 1.19.21 Allow for modifications of the height to preserve significant viewsheds from adjacent properties and open space (I1.1). Design and Development Guidelines 1.19.30 Require that new commercial developments be designed to convey a low- rise, pedestrian-scaled, community-oriented environment including: a. avoidance of large undifferentiated, flat facade, 'box" or "warehouse"- like structures; b. incorporation of architectural elements which differentiate the facade (articulated columns, beams, and spandrels, offset planes,recessed or projecting windows,etc.); c. siting of buildings around common -pedestrian- walkways,- plazas,: courtyards, and open spaces; d. incorporation of pedestrian sidewalks, arcades, or trellises linking the site to peripheral sidewalks and uses; e. inclusion of extensive site landscape (including shrubs and trees); f. provision of art and other visual amenities; g. incorporation of non-reflective glass and doors along the majority of the ground elevation of the facade-to provide visual and physical penetration; h. location of percentage of the ground elevation of the building abutting peripheral sidewalks and pedestrian spaces within two vertical feet of these; and 1-78 a 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN 3 AMENDMENT NO. 93-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND THE COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals 7 (a) Whereas, the General Plan for the City of San Bernardino 8 was adopted by the Mayor and Common Council by Resolution No. 89- 9 159 on June 2 , 1989. 10 (b) Whereas, General Plan Amendment 93-02 to the General 11 Plan of the City of San Bernardino was considered by the Planning 12 Commission on November 3 , 1993 at a noticed public hearing, and 13 the Planning Commission's recommendation of approval has been 14 considered by the Mayor and Common Council. 15 (c) Whereas, an Initial Study was prepared on September 7, 16 1993 and reviewed by the Environmental. Review Committee and the 17 Planning Commission who both determined that General Plan Amendment 18 93-02 would not have a significant effect on the environment and 19 therefore, recommended that a Negative Declaration be adopted. 20 (d) Whereas, the proposed Negative Declaration received a 21 21 day public review period from September 13 , 1993 through October 4, 22 1993 and all comments relative thereto have been reviewed by the 23 Planning Commission and the Mayor and Common Council in compliance 24 with the California Environmental Quality Act (CEQA) and local 25 regulations. 26 27 28 4 � s Zug- 1 (e) Whereas, the Mayor and Common Council held a noticed 2 public hearing and fully reviewed and considered proposed General 3 Plan Amendment No. 93-02 and the Planning Division Staff Report on 4 December 6, 1993 . 5 (f) Whereas, The adoption of General Plan Amendment No. 93-02 6 is deemed in the interest of the orderly development of the City 7 and is consistent with the goals, objectives and policies of the 8 existing General Plan. 9 SECTION 2 . Negative Declaration 10 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 11 and Common Council that the proposed amendment to the General Plan 12 of the City of San Bernardino will have no significant effect on 13 the environment, and the Negative Declaration heretofore prepared 14 by the Environmental Review Committee as to the effect of this 15 proposed amendment is hereby ratified, affirmed and adopted. 16 SECTION 3 . Findings 17 BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 18 CITY OF SAN BERNARDINO THAT: 19 A. The change allowing autobody work and painting within the CG- 20 1, Commercial General land use district is not in conflict 21 with the goals, objectives and policies of the General Plan. 22 B. The proposed amendment will not be detrimental to the public 23 interest, health, safety, convenience, or welfare of the City. 24 C. The proposed amendment will not impact the balance of land 25 uses within the City since it does not alter the current n 26 balance of land uses. 27 28 7 1 SECTION 4 . Amendment 2 BE IT FURTHER RESOLVED by the Mayor and Common Council that: 3 A. The General Plan of the City of San Bernardino is amended by 4 revising Policy 1. 19. 11 to allow autobody work and painting, 5 with the approval of a Conditional Use Permit, in the CG-1, 6 Commercial General land use designation of the General Plan of 7 the City of San Bernardino. 8 B. Policy 1. 19. 11,Permitted Uses, 1-78, is amended to read as 9 follows: 10 "Permit the development of new and used car dealerships and 11 auto-related retail and service uses with a Conditional Use Permit 12 to ensure compatibility with adjacent uses (I1. 1 and I1. 6) . " 13 C. General Plan Amendment No. 93-02 shall become effective 14 immediately upon adoption of this resolution. 15 SECTION 5. Notice of Determination 16 The Planning Division is hereby directed to file a Notice of 17 Determination with the County Clerk of the County of San Bernardino 18 certifying the City's compliance with California Environmental 19 Quality Act in preparing the Negative Declaration. 20 21 22 23 24 25 26 27 28 1 A RESOLUTION. . .ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-02 TO THE GENERAL 2 PLAN OF THE CITY OF SAN BERNARDINO. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1993, by the 7 following vote, to wit: 8 9 Council Members: AYES NAYS. ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 City Clerk 19 The foregoing resolution is hereby approved this day 20 of , 1993 . 21 Tom Minor, Mayor 22 City of San Bernardino 23 Approved as to form 24 and legal content: 25 JAMES F. PENMAN, City Attorney 26 By: 27 28 61 4