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HomeMy WebLinkAboutMC-1427 Adopted: July 18, 2016 Effective: August 18, 2016 1 ORDINANCE NO. MC-1427 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING GENERAL PLAN AMENDMENT 15-02 TO CHANGE 3 THE GENERAL PLAN LAND USE DESIGNATION OF 25.25 ACRES FROM 4 INDUSTRIAL (APPROXIMATELY 11.5 ACRES) AND OPEN SPACE (APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL, AND DEVELOPMENT CODE 5 AMENDMENT (ZONING MAP AMENDMENT) 15-04 TO CHANGE THE ZONING DISTRICT FROM INDUSTRIAL LIGHT (IL) (APPROXIMATELY 7.5 ACRES), 6 OFFICE INDUSTRIAL PARK (OIP) (APPROXIMATELY 4 ACRES) AND PUBLIC 7 COMMERCIAL RECREATION (PCR) (APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL LIGHT (IL) IN ORDER TO ALLOW THE DEVELOPMENT AND 8 ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING APPROXIMATELY 564,652 SQUARE FEET LOCATED ON THE SOUTHWEST 9 CORNER OF WATERMAN AVENUE AND DUMAS STREET. 10 WHEREAS, the current City of San Bernardino Development Code was initially 11 implemented in 1991; and 12 WHEREAS, the current City of San Bernardino General Plan was initially 13 implemented in 2005; and 14 WHEREAS, on May 18, 2016, the Planning Commission of the City of San 15 Bernardino held a noticed public hearing to consider public testimony and the staff report and 16 adopted Resolution No. 2016-030 recommending adoption of the Mitigated Negative Declaration and the approval of General Plan Amendment 15-02, Development Code 17 Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 18 19692) and Development Permit Type-D 15-11 to the Mayor and Common Council; and 19 WHEREAS, notice of the public hearing for the Mayor and Common Council's 20 consideration of the proposed Ordinance was published in The Sun newspaper on June 25, 21 2016. 22 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 23 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 24 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 25 are true and hereby adopt and incorporate them herein. 26 SECTION 2. Findings of Fact—General Plan Amendment 15-02. 27 Finding No. 1: The proposed amendment is internally consistent with the General Plan. 28 1 Adopted: July 18, 2016 Effective: August 18, 2016 1 Finding of Fact: The proposed amendment will result in removing approximately 4 acres 2 of existing Office Industrial Park(OIP) and approximately 14.4 acres of Public-Commercial Recreation (PCR) land use designations/zoning 3 districts from the project site, resulting in the entire site having the 4 Industrial Light (IL) land use designation/zoning district. The 5 Industrial Light (IL) zone is intended to retain, enhance, and provide for 6 the new development of lighter industrial uses along major vehicular, 7 rail, and air transportation routes serving the City. The change in land 8 use/zoning would provide a single land use/zoning district over the 9 entire 25.25 acre parcel and would allow the development of an 10 industrial warehouse, which is consistent with the light industrial uses in the project vicinity, located to the north of the project site. The 11 project is also consistent with the following General Plan policies: 12 Policy 2.5.6, which requires that new development be designed to 13 complement and not devalue the physical characteristics of the 14 surrounding environment, including consideration of the site's natural 15 topography and vegetation, surrounding exemplary architectural style 16 with tower elements along with complimentary earth-toned colors. 17 Policy 5.7.6, encourages architectural detailing, which includes richly 18 articulated surfaces rather than plain or blank walls. The project site is flat and has been disturbed in the past, and therefore, 19 contains no natural vegetation. The site is surrounded to the north by 20 light industrial businesses. The proposed project will result in the 21 construction of a 564,652 square foot industrial warehouse building 22 with ancillary parking and landscaping. The concrete tilt-up building 23 will be articulated on all sides through the use of varying parapet 24 heights, corner tower elements and the use of color and varying 25 materials to break up the mass of the building walls. The rooftop 26 equipment will be screened, and extensive landscaping will be provided along the project's Waterman Avenue and Dumas Street frontages, 27 consistent with these policies. 28 2 Adopted: July 18, 2016 Effective: August 18, 2016 1 Finding No. 2: The proposed amendment would not be detrimental to the public 2 interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, 3 health, safety, convenience, or welfare of the City in that amendment 4 from approximately 4 acres of Office Industrial Park (OIP) and 5 approximately 14.4 acres of Public-Commercial Recreation (PCR) to 6 Industrial Light (IL) will facilitate the development of a warehouse 7 facility on a parcel that is partially developed. The project site has 8 direct access from Waterman Avenue and Dumas Street, will be fully 9 served by utility providers, will be construction in accordance with all 10 applicable codes and regulations, and will not result in the need for the excessive provision of services. 11 Finding No. 3 The proposed amendment would maintain the appropriate balance of 12 land uses within the City. 13 Finding of Fact: The proposed amendment from approximately 4 acres of Office 14 Industrial Park (OIP) and approximately 14.4 acres of Public- 15 Commercial Recreation (PCR) to Industrial Light (IL) would affect 16 25.25 acres of land that are partially developed. The proposed 17 amendment maintains an appropriate balance of land uses by providing 18 for the re-use of an existing industrial property. The proposed amendment will not change the balance of land uses in the City. 19 Finding No. 4 The subject parcels are physically suitable (including but not limited to, 20 access, provision of utilities, compatibility with adjoining land uses, 21 and adjoining land uses, and absence of physical constraints) for the 22 requested land use designation and the anticipated land use 23 development 24 Finding of Fact: The project site is currently consists of twelve (12) parcels that are 25 proposed to be merged into one, 25.25 acre parcel. The parcel will be 26 generally flat with direct access at four (4) locations along Waterman 27 Avenue and Dumas Street. Utilities are available directly from Waterman Avenue. A 564,652 square foot industrial warehouse 28 3 Adopted: July 18, 2016 Effective: August 18, 2016 1 building is proposed on the site. The site is sufficient in size to meet 2 parking, loading and landscaping requirements and there are no physical constraints on the site, such as steep slopes or watercourses. 3 SECTION 3. Findings of Fact — Development Code Amendment/Zoning Map 4 Amendment 15-04. 5 Finding No. 1: The proposed amendment is consistent with the General Plan. 6 Finding of Fact: The proposed amendment will result in removing approximately 4 acres 7 of existing Office Industrial Park(OIP) and approximately 14.4 acres of 8 Public-Commercial Recreation (PCR) land use designations/zoning 9 districts from the project site, resulting in the entire site having the 10 Industrial Light (IL) land use designation/zoning district. The new Industrial Light (IL) land use designation will provide for the 11 accommodation of the development, establishment and operation of an 12 industrial warehouse building containing approximately 564,652 square 13 feet, along with the construction of the required on-site and off-site 14 improvements consistent with the City of San Bernardino Development 15 Code. 16 Finding No. 2: The proposed amendment would not be detrimental to the public 17 interest, health, safety, convenience, or welfare of the City. 18 Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that amendment 19 from Office Industrial Park (OIP) and Public-Commercial Recreation 20 (PCR) to Industrial Light (IL) will facilitate the development, 21 establishment and operation of an industrial warehouse building 22 containing approximately 564,652 square feet, along with the 23 construction of the required on-site and off-site improvements 24 consistent with the City of San Bernardino Development Code. The 25 project site has direct access from both Waterman Avenue and Dumas 26 Street, will be fully served by utility providers, will be construction in accordance with all applicable codes and regulations, and will not result 27 in the need for the excessive provision of services. 28 4 Adopted: July 18, 2016 Effective: August 18, 2016 1 SECTION 4. Compliance with the California Environmental Quality Act. 2 1. The Mayor and Common Council has independently reviewed, analyzed and exercised judgment in finding that General Plan Amendment 15-02, Development Code Amendment 3 (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and 4 Development Permit Type-D 15-11 will have no significant adverse effect on the environment 5 with incorporation of the Conditions of Approval and mitigation measures; and determining 6 that the Mitigated Negative Declaration, as accepted by the Planning Commission as to the 7 effects of this proposed project, is hereby adopted. 8 2. Mitigation measures identified in the Mitigated Negative Declaration have been 9 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment 10 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 ( Tentative Parcel Map 19692) and Development Permit Type-D 15-11. The Mayor and 11 Common Council hereby approve the Mitigation Monitoring and Reporting Program 12 incorporated herein by reference. 13 SECTION 5. — General Plan Amendment 15-02, attached hereto as Exhibit A and 14 incorporated herein by reference, is hereby approved. 15 SECTION 6. — Development Code Amendment (Zoning Map Amendment) 15-05, 16 attached hereto as Exhibit B and incorporated herein by reference, is hereby approved. 17 SECTION 7. — Subdivision 15-05 (Tentative Parcel Map 19692) and Development 18 Permit Type-D 15-11, as approved by Resolution, is incorporated herein by reference. SECTION 8. - Notice of Determination: The Planning Division of the Community 19 Development Department is hereby directed to file a Notice of Determination with the County 20 Clerk of the County of San Bernardino certifying the City's compliance with California 21 Environmental Quality Act in adopting the Mitigated Negative Declaration. 22 SECTION 9. Severability: If any section, subsection, subdivision, sentence, or 23 clause or phrase in this Resolution or any part thereof is for any reason held to be 24 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 25 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any 26 part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 27 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 28 5 Adopted: July 18, 2016 Effective: August 18, 2016 1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 15-02 2 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF 25.25 ACRES FROM INDUSTRIAL (APPROXIMATELY 11.5 ACRES) AND OPEN SPACE 3 (APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL, AND DEVELOPMENT CODE 4 AMENDMENT (ZONING MAP AMENDMENT) 15-04 TO CHANGE THE ZONING DISTRICT FROM INDUSTRIAL LIGHT (IL) (APPROXIMATELY 7.5 ACRES), 5 OFFICE INDUSTRIAL PARK (OIP) (APPROXIMATELY 4 ACRES) AND PUBLIC COMMERCIAL RECREATION (PCR) (APPROXIMATELY 14.4 ACRES) TO 6 INDUSTRIAL LIGHT (IL) IN ORDER TO ALLOW THE DEVELOPMENT AND 7 ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING APPROXIMATELY 564,652 SQUARE FEET LOCATED ON THE SOUTHWEST 8 CORNER OF WATERMAN AVENUE AND DUMAS STREET. 9 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 10 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 11 18th day of July, 2016, by the following vote to wit: 12 Council Members: AYES NAYS ABSTAIN ABSENT 13 MARQUEZ x x BARRIOS 14 x 15 VALDIVIA SHORETT x 16 x NICKEL 17 RICHARD x 18 MULVIHILL x 19 20 21 Georgea Hanna, CMC, City Clerk �r 22 The foregoing Ordinance is hereby adopted this day of July, 2016. 23 Li 24 R. CAREY DAV , Mayor 25 Approved as to form: City of San Bernardino 26 Gary D. Saenz, City Attorney 27 B 28 6