HomeMy WebLinkAbout06.B- Community Development 6.B
RESOLUTION (ID # 4536) DOC ID: 4536 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Public Hearing
From: Mark Persico M/CC Meeting Date: 07/18/2016
Prepared by: Oliver Mujica,
Dept: Community Development Ward(s): 4
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino, California
Not Adopting a Categorical Exemption and Denying General Plan Amendment 16-02
and Development Code Amendment (Zoning Map Amendment) 14-17 to Change of the
General Plan Land Use Designation from Residential Suburban to Residential Medium
High-20 and the Zoning District from Residential Suburban (RS) to Residential Medium
High-20 (RMH-20) for Three (3) Parcels Containing a Total of Approximately 3.57 Acres
in Order to Construct a Planned Unit Development Comprised of Fifty-One (51)
Attached Residential Units Located at 4630 N. "F" Street (APN: 0265-191-17, 18 and
34) Within the Sphere of Influence of the Unincorporated Area of the City of San
Bernardino. (#4536)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There will be no fiscal impact as a result of this action.
Mayor to open the hearing. . .
Motion:
1) Close the hearing; and
2) Adopt the Resolution (see Attachment 1) not adopting the Categorical Exemption;
and, denying General Plan Amendment 16-02 and Development Code
Amendment (Zoning Map Amendment) 14-17, based upon the recommended
Findings of Fact.
Applicant: Property Owner:
Joseph Bonadiman &Associates Inc. Chih Hung Wang
234 N. Arrowhead Ave. 4630 N. F Street
San Bernardino, CA 92408 San Bernardino, CA 92407
Synopsis of Previous Council Action:
None
Background:
On May 18, 2016, the Planning Commission adopted Resolution No. 2016-022 (please see
Attachment 2)forwarding a recommendation that the Mayor and Common Council:
1) Not Adopt the Categorical Exemption; and
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4536
environmental impacts that may result from the proposed development of the Planned Unit
Development comprised of fifty-one (51) attached residential units. Additionally, an
Administrative Draft Initial Study/Mitigated Negative Declaration has been prepared under the
direction of the County of San Bernardino for their respective Conditional Use Permit P2008-
00253 and Tentative Tract Map 17501 application that will be completed and circulated during
the CEQA-mandated public review period, and the Planning Division will have the opportunity to
review and submit comments period in order to minimize potential impacts to the surrounding
area. Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical
Exemption for General Plan Amendment 16-02 and Development Code Amendment (Zoning
Map Amendment) 14-17 was published on April 8, 2016 for the CEQA-mandated ten (10) day
public review and comment period, and there were no public written comments received or
verbal comments presented as of the date of the preparation of this Staff Report.
On March 10, 2016, the Development and Environmental Review Committee reviewed the
application and Environmental Determination of the Planning Division, and moved the
Categorically Exempt pursuant to §15332 (In-Fill Development Projects) of CEQA and General
Plan Amendment 16-02 and Development Code Amendment 14-17 to the Planning Commission
for consideration.
Conclusion:
On May 18, 2016, the Planning Commission determined that the proposed project is not
J consistent with the City of San Bernardino General Plan and Development Code, and that the
application does not satisfy the Findings of Fact required for approval of General Plan
Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17.
Supporting Documents:
Attachment 1: Resolution
Attachment 2: Planning Commission Resolution No. 2016-022
Attachment 3: Planning Commission Staff Report, dated May 18, 2016
Attachment 4: Planning Commission Minutes, dated May 18, 2016
Attachment 5: Planning Commission Staff Report, dated April 20, 2016
Attachment 6: Planning Commission Minutes, dated April 20, 2016
Attachment 7: Display Ad
City Attorney Review:
Supporting Documents:
Attachment 1 - MCC Resolution (DOC)
Attachment 2 - PC Resolution 2016-022 (PDF)
Attachment 3 - PC Staff Report 5.18.16 (PDF)
Attachment 4 - PC Minutes 05.18.16 (PDF)
Attachment 5 - PC Staff Report 4.20.16 (PDF)
Attachment 6 - PC Minutes 04.20.16 (PDF)
Attachment 7 - Display Ad (PDF)
1997-275 (PDF)
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Updated: 7/6/2016 by Mark Persico C Packet Pg.624
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA NOT ADOPTING A CATEGORICAL a
3 EXEMPTION AND DENYING GENERAL PLAN AMENDMENT 16-02 AND N
4 DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-17 TO a
CHANGE OF THE GENERAL PLAN LAND USE DESIGNATION FROM o
5 RESIDENTIAL SUBURBAN TO RESIDENTIAL MEDIUM HIGH-20 AND THE
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ZONING DISTRICT FROM RESIDENTIAL SUBURBAN (RS) TO RESIDENTIAL N
6 MEDIUM HIGH-20 (RMH-20) FOR THREE (3) PARCELS CONTAINING A TOTAL
OF APPROXIMATELY 3.57 ACRES IN ORDER TO CONSTRUCT A PLANNED a
7 UNIT DEVELOPMENT COMPRISED OF FIFTY-ONE (51) ATTACHED
8 RESIDENTIAL UNITS LOCATED AT 4630 N. "F" STREET (APN: 0265-191-17, 18
AND 34) WITHIN THE SPHERE OF INFLUENCE OF THE UNINCORPORATED
9 AREA OF THE CITY OF SAN BERNARDINO. c
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WHEREAS, on October 9, 2014, pursuant to the requirements of Chapter 19.50 °
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12 (General Plan Amendments), Chapter 19.42 (Development Code Amendments) and Chapter c
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13 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, an t°
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14 application for General Plan Amendment 16-02 and Development Code Amendment (Zoning
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15 Map Amendment) 14-17 was duly submitted by:
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17 Property Owner: Chih Hung Wang a
4630 N. "F" Street
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18 San Bernardino, CA 92408
19 Project Applicant: Joseph E. Bonadiman&Associates, Inc. 3
20 234 N. Arrowhead Avenue w
San Bernardino, CA 92408
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22 Parcel Address: 4630 N. "F" Street
APN: 0265-191-17, 18 and 34 '
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23 Lot Area: 3.57 acres c
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24 WHEREAS, General Plan Amendment 16-02 and Development Code Amendment
25 (Zoning Map Amendment) 14-17 is a request to allow the change of the General Plan Land a
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Use Designation from Residential Suburban to Residential Medium High-20 and the Zoning
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28 District from Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three a
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0 D6, 1 (3) parcels containing a total of approximately 3.57 acres in order to construct a Planned Unit
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2 Development comprised of fifty-one (51) attached residential units within the sphere of
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3 influence of the unincorporated area of the City of San Bernardino; and N
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4 WHEREAS, on April 9, 2008, the applicant submitted an application for Conditional a
Use Permit P2008-00253 and Tentative Tract Map 17501 to the County of San Bernardino to m
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allow the construction of a Planned Unit Development (PUD) comprised of fifty-one (51) Q
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8 attached residential units. The subject 3.57-acre site is located within the sphere of influence
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9 of the unincorporated area of the City of San Bernardino and is currently "pre-zoned" by the c
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10 City's General Plan with a General Plan Land Use Designation of Residential Suburban and o
11 Zoning District classification of Residential Suburban (RS). In order for the County of San
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Bernardino to proceed with the processing of their Conditional Use Permit P2008-00253 and a
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14 Tentative Tract Map 17501 applications, the applicant is required to obtain the approval from E
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15 the City of San Bernardino for a General Plan Amendment and Development Code a
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16 Amendment (Zoning Map Amendment) allowing the change of the General Plan Land Use o
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Designation and Zoning District for the subject parcels from Residential Suburban (RS) to
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18 Residential Medium High-20 (RMH-20) so that the proposed fifty-one (5 1) residential unit
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20 PUD will comply with the allowable density; and '
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21 WHEREAS, according to §82.04.060 (Residential Land Use District Site Planning
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22 and Building Standards) of the County of San Bernardino Development Code, the allowable
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23 density within the Medium Residential (RM) zone is twenty (20) units per acre, which allows E
24 up to seventy-one (71) units for the subject site. The density on the subject site for the
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proposed fifty-one (5 1)residential unit PUD is fifteen (15) units per acre; and
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27 WHEREAS, according to §19.04.030 (Development Standards) of the City of San 0
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28 Bernardino Development Code, the allowable density within the Residential Suburban (RS)
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1 zone is 4.5 units per acre, which would allow up to a maximum of sixteen (16) residential
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2 units on the subject site. The requested Residential Medium High-20 (RMH-20) zone has an
3 allowable density of twenty(20)units per acre, which is consistent with the residential density N
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4 allowed by the Medium Residential(RM) zone of the County of San Bernardino; and o
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WHEREAS, pursuant to Resolution No. 97-275, adopted by the Mayor and Common N
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Council on September 4, 1997, properties located outside of the incorporated territory of the a
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8 City of San Bernardino may receive sewer services, subject to the execution of a standard c
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9 form agreement. California Government Code §56133 also requires the approval by the Local c
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Agency Formation Commission for connection of properties within the County to a City's c
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sewer system; and
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WHEREAS, on January 15, 2014, the applicant submitted an Application for Sewer
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14 Services Outside of City Boundaries with the City's Public Works Department—Real Property E
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15 Division to initiate the proceedings for the connection to the City's sewer system for the
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16 subject property which is located outside the boundaries of the City of San Bernardino, c
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pursuant to California Government Code §56133. Under the terms of this application, the
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18 applicant has agreed that he will be required to execute an"Irrevocable Agreement to Annex"
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in the event that the subject property is annexed into the City of San Bernardino at some 2
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21 future time. Subsequently, in February 2014, the applicant submitted a Sewer Line Capacity
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22 Evaluation/Analysis to determine if the existing sewer line located on N. 1 st Avenue to N. "F"
23 Street from 48th Street to the main line at 40th Street has adequate capacity to allow the E
24 connection of the proposed fifty-one (51) residential unit PUD for proposed Tentative Tract a
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Map 17501 to the existing sewer line. On April 21, 2014, the City Engineer of the City of San
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27 Bernardino approved the Sewer Line Capacity Evaluation/Analysis and its recommendations; U
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28 and
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1 WHEREAS, General Plan Amendment 16-02 and Development Code Amendment
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2 (Zoning Map Amendment) 14-17 is a request to only change of the General Plan Land Use
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3 Designation from Residential Suburban to Residential Medium High-20 and the Zoning N
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District from Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for the o
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subject site, and does not involve the actual approval of the proposed fifty-one (51) residential N
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7 unit PUD; and a
8 WHEREAS, the Planning Division of the Community Development Department has 4;
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9 reviewed General Plan Amendment 16-02 and Development Code Amendment (Zoning Map 2
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Amendment) 14-17 for consistency with the City of San Bernardino General Plan and o
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compliance with the City of San Bernardino Development Code; and
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WHEREAS, pursuant to the requirements of §15060(c) of the California
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14 Environmental Quality Act, the Planning Division of the Community Development E
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15 Department evaluated General Plan Amendment 16-02 and Development Code Amendment
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16 (Zoning Map Amendment) 14-17; and o
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WHEREAS, in accordance with §15060 (Preliminary Review) of the California
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18 Environmental Quality Act (CEQA), the Planning Division of the Community Development :S
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Department conducted an environmental evaluation in connection with proposed General Plan 2
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21 Amendment 16-02 and Development Code Amendment(Zoning Map Amendment) 14-17 and
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22 concluded that General Plan Amendment 16-02 and Development Code Amendment (Zoning
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23 Map Amendment) 14-17 is found to be exempt under §15061(b)(2) (Review for Exemption) E
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of CEQA; and
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WHEREAS, pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32
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27 Categorical Exemption consists of projects characterized as in-fill development projects v
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28 meeting the conditions contained within §15332 of CEQA. The Planning Division of the
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1 Community Development Department analyzed proposed General Plan Amendment 16-02
2 and Development Code Amendment (Zoning Map Amendment) 14-17 and determined that it
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3 is Categorically Exempt from CEQA pursuant to §15332 of the CEQA Guidelines due to the N
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fact that: 1) with the approval of General Plan Amendment 16-02 and Development Code o
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Amendment (Zoning Map Amendment) 14-17, the project would consistent the applicable N
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7 General Plan land use designation and all applicable General Plan policies as well as with the a
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8 applicable Zoning District, development standards and regulations, subject to the approval by
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9 the Mayor and Common Council; 2) the proposed development is located on a site within the c
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City's sphere of influence on less than five (5) acres; 3) Conditions of Approval would be o
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imposed to alleviate potential impacts; 4) there are no additional potential significant
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environmental impacts that may result from the proposed development of the Planned Unit M
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14 Development comprised of fifty-one(5 1) attached residential units; 5) an Administrative Draft E
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15 Initial Study/Mitigated Negative Declaration has been prepared under the direction of the eV
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16 County of San Bernardino for their respective Conditional Use Permit P2008-00253 and c
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Tentative Tract Map 17501 application that will be completed and circulated during the
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19 CEQA-mandated public review period; and, 6) the Planning Division of the Community o
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Development Department will have the opportunity to review and submit comments during 3
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21 the CEQA-mandated public review period in order to minimize potential impacts to the
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22 surrounding area; and g
23 WHEREAS, on March 10, 2016, pursuant to the requirements of §19.42.020,
24 §19.50.030 and §19.74.030 of the City of San Bernardino Development Code, the
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Development and Environmental Review Committee reviewed the application and moved the
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27 Categorical Exemption, General Plan Amendment 16-02 and Development Code Amendment
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28 (Zoning Map Amendment) 14-17 to the Planning Commission for consideration; and
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I WHEREAS, on April 20, 2016, pursuant to the requirements of §19.52.040 of the
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2 City of San Bernardino Development Code, the Planning Commission held the duly noticed
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3 public hearing at which interested persons had an opportunity to testify in support of, or N
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4 opposition to the Categorical Exemption, General Plan Amendment 16-02 and Development o
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Code Amendment (Zoning Map Amendment) 14-17, and at which meeting the Planning N
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Commission considered the Categorical Exemption, General Plan Amendment 16-02 and Q
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8 Development Code Amendment (Zoning Map Amendment) 14-17; and
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9 WHEREAS, on April 20, 2016, during the duly noticed public hearing, residents from o
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10 the neighboring Arrowhead Farms community located within the subject sphere of influence o
11 of the unincorporated area of the City of San Bernardino raised concerns relating to the D
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proposed increased density and its potential impacts to the surrounding neighborhood and
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14 expressed their opposition to General Plan Amendment 16-02 and Development Code E
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15 Amendment (Zoning Map Amendment) 14-17; and
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16 WHEREAS, on April 20, 2016, upon the conclusion of the public testimony during o
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the public hearing and after its deliberation, the Planning Commission concurred that the
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increased density is not appropriate for this specific neighborhood; and
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WHEREAS, on April 20, 2016, upon the conclusion of the public hearing, the
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21 Planning Commission continued Categorical Exemption, General Plan Amendment 16-02 and
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22 Development Code Amendment (Zoning Map Amendment) 14-17 to their regularly scheduled
23 meeting on May 18, 2016, and directed the Planning Division of the Community
24 Development Department to return with a Resolution from the Planning Commission
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forwarding a recommendation of denial to the Mayor and Common Council; and
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27 WHEREAS, on May 18, 2016, pursuant to the requirements of§19.52.040 of the City
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28 of San Bernardino Development Code, the Planning Commission held the duly continued
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1 public hearing for the Categorical Exemption, General Plan Amendment 16-02 and
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2 Development Code Amendment (Zoning Map Amendment) 14-17, and at which meeting the
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3 Planning Commission adopted Resolution No. 2016-022 recommending that the Mayor and
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Common Council not adopt the Categorical Exemption and deny General Plan Amendment o
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16-02 and Development Code Amendment(Zoning Map Amendment) 14-17; and
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WHEREAS, pursuant to the requirements of Chapters 19.36 and 19.42 of the City of
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8 San Bernardino Development Code, the Mayor and Common Council has the authority to take
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9 action on the Categorical Exemption, General Plan Amendment 16-02 and Development Code c
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Amendment(Zoning Map Amendment) 14-17; and o
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11 WHEREAS, notice of the July 18, 2016 public hearing for the Mayor and Common
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Council's consideration of the proposed Resolution was published in The Sun newspaper on r_
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14 July 8, 2016, and was mailed to property owners within a 500 foot radius of the project site in E
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15 accordance with Development Code Chapter 19.52. �
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16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON c
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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are true and hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact — General Plan Amendment 16-02 and Development U
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Code Amendment(Zoning Map Amendment) 14-17. r
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24 Finding No. 1: The proposed amendment is internally consistent with the General Plan. a
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Finding of Fact: The proposed General Plan Amendment and Development Code
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Amendment (Zoning Map Amendment) would result in the change of
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28 the General Plan Land Use Designation from Residential Suburban to a
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1 Residential Medium High-20 and the Zoning District from Residential
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2 Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3) 4
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3 parcels containing a total of approximately 3.57 acres within the sphere N
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4 of influence of the unincorporated area of the City of San Bernardino. o
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Although the proposed General Plan Land Use Designation and Zoning
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District of Residential Medium High-20 would be consistent with the Q
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8 County of San Bernardino's General Plan Land Use Designation and
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9 Zoning District of Medium Residential for the subject three (3) parcels, o
10 the proposed Residential Medium High-20 General Plan Land Use o
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Designation and Zoning District for the construction of a Planned Unit
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Development comprised of fifty-one (51) attached residential units
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14 would not be consistent with the existing "Residential Suburban" E
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15 characteristics of the surrounding neighborhood which is predominantly
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16 detached single family residential. Additionally, the City's General o
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Plan Land Use Element has pre-zoned the sphere of influence of this
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18 specific unincorporated area of the City of San Bernardino as
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Residential Suburban (RS) in order to maintain its detached single 2
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family residential character. Pursuant to the City's General Plan Land
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22 Use Element and §19.04.010(C) of the City's Development Code, the
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23 Residential Suburban (RS) zone is intended to promote the
24 development of single family detached units in a suburban setting with CO
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a minimum lot size of 7,200 square feet, and a maximum density of 4.5
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27 units per net acre. Therefore, with a density of twenty (20) units per
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28 acre which translates into up to seventy-one (71) units for the subject
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1 site, proposed General Plan Amendment 16-02 and Development Code
I 2 Amendment (Zoning Map Amendment) 14-17 for the development of a
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3 fifty-one (5 1) unit attached single family residential Planned Unit N
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4 Development is not consistent with the City's General Plan. Finally, o
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allowing the approval of General Plan Amendment 16-02 and N
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Development Code Amendment (Zoning Map Amendment) 14-17 a
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8 changing the General Plan Land Use Designation from Residential
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9 Suburban to Residential Medium High-20 and the Zoning District from c
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Residential Suburban (RS) to Residential Medium High-20 (RMH-20) o
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would establish a precedent for the approval of future similar attached
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residential development projects thereby transforming the
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14 neighborhood from its existing detached single family residential E
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15 character. ego
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16 Finding No. 2: The proposed amendment would not be detrimental to the public c
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interest,health, safety, convenience, or welfare of the City.
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18 Finding of Fact: The proposed General Plan Amendment and Development Code
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Amendment (Zoning Map Amendment) to change the General Plan
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21 Land Use Designation from Residential Suburban to Residential
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22 Medium High-20 and the Zoning District from Residential Suburban
23 (RS) to Residential Medium High-20 (RMH-20) for the subject three E
24 (3) parcels containing a total of approximately 3.57 acres within the
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sphere of influence of the unincorporated area of the City of San
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27 Bernardino in order to facilitate the construction of a Planned Unit
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28 Development comprised of fifty-one (51) attached residential units
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public interest health safety,1 would be detrimental to the pub y, ,
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2 or welfare of the City in that proposed attached multi-family residences 7
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3 would be developed within a neighborhood that is predominantly N
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comprised of detached single family residences. The City's General o
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Plan Land Use Element has pre-zoned the sphere of influence of this N
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specific unincorporated area of the City of San Bernardino as a
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8 "Residential Suburban" in order to maintain its detached single family
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9 residential character, as well as to protect its residents. With its c
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established detached single family residential character, the existing o
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neighborhood has been developed and maintained to specifically
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support detached single family residences. The development of such M
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14 proposed attached multi-family residences would generate an increased E
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15 population beyond what has been contemplated by the City or planned
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16 for by the City's General Plan which may result in unforeseen c
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detrimental effects. Therefore, proposed General Plan Amendment 16-
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18 02 and Development Code Amendment (Zoning Map Amendment) 14-
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17 would be detrimental to the public interest, health, safety,
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21 convenience, or welfare of the City. a
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22 11iidingNo. 3 The proposed amendment would maintain the appropriate balance of
23 land uses within the City.
24 Finding of Fact: The proposed General Plan Amendment and Development Code r
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Amendment (Zoning Map Amendment) to change the General Plan d
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27 Land Use Designation from Residential Suburban to Residential v
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28 Medium High-20 and the Zoning District from Residential Suburban
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1 (RS) to Residential Medium High-20 (RMH-20) for the subject three
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2 (3) parcels containing a total of approximately 3.57 acres within the v
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3 sphere of influence of the unincorporated area of the City of San N
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4 Bernardino that is currently under-utilized will not maintain an o
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appropriate balance of land uses due to the predominant detached single N
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family residential character of the surrounding neighborhood. Pursuant a
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8 to the City's General Plan Land Use Element and §19.04.010(C) of the
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9 City's Development Code, the Residential Suburban (RS) zone is a
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intended to promote the development of single family detached units in o
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a suburban setting with a maximum density of 4.5 units per net acre. A
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density of twenty (20) units per acre which translates into up to
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14 seventy-one (71) units for the subject site. Therefore, proposed General E
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15 Plan Amendment 16-02 and Development Code Amendment (Zoning
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16 Map Amendment) 14-17 for the development of a fifty-one (51) unit 0
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attached single family residential Planned Unit Development would not
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maintain the appropriate balance of land uses within the City.
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Finding No. 4 The subject parcels are physically suitable (including but not limited to,
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21 access, provision of utilities, compatibility with adjoining land uses,
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22 and adjoining land uses, and absence of physical constraints) for the
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23 requested land use designation and the anticipated land use 4)
24 development. R
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Finding of Fact: The subject site is currently under-utilized which is only developed
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27 with a single-family residence. The proposed General Plan Amendment 0
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28 and Development Code Amendment (Zoning Map Amendment) would
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1 facilitate the construction of a Planned Unit Development comprised of
2 fifty-one (51) attached residential units with the on-site and off-site
3 improvements. However, the City's General Plan Land Use Element N
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4 has pre-zoned the sphere of influence of this specific unincorporated o
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area of the City of San Bernardino as "Residential Suburban" in order N
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to maintain its detached single family residential character and Q
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8 compatibility with adjoining land uses, as well as to provide adequate
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9 services. With its established detached single family residential o
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10 character, the existing neighborhood has been developed and o
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maintained to specifically support detached single family residences. D
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The development of such proposed attached multi-family residences C
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14 would generate an increased need to address conflicting land uses and E
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15 the need for services beyond what has been contemplated by the City or
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16 planned for by the City's General Plan which may result in unforeseen o e.
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effects. Therefore, proposed General Plan Amendment 16-02 and
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18 Development Code Amendment (Zoning Map Amendment) 14-17
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would not be physically suitable for the requested Residential Medium R
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21 High-20 General Plan land use designation or the proposed land use
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22 development.
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23 SECTION 3. Compliance with the California Environmental Quality Act.
24 The Mayor and Common Council has independently reviewed, analyzed and exercised
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judgment in finding that General Plan Amendment 16-02 and Development Code Amendment
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27 (Zoning Map Amendment) 14-17 is not exempt under §15061(b)(2) (Review for Exemption)
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1 of the California Environmental Quality Act (CEQA), pursuant to §15332 (In-Fill
2 Development Projects) of CEQA. 4
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3 SECTION 4. — General Plan Amendment 16-02 and Development Code Amendment N
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4 (Zoning Map Amendment) 14-17 is hereby denied. o
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
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clause or phrase in this Resolution or any part thereof is for any reason held to be a
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8 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
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9 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any o
10
part thereof. The Mayor and Common Council hereby declares that it would have adopted o
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each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
12
clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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L6.B.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA NOT ADOPTING A CATEGORICAL ti
2 EXEMPTION AND DENYING GENERAL PLAN AMENDMENT 16-02 AND
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-17 TO a
3 CHANGE OF THE GENERAL PLAN LAND USE DESIGNATION FROM
N
4 RESIDENTIAL SUBURBAN TO RESIDENTIAL MEDIUM HIGH-20 AND THE d
ZONING DISTRICT FROM RESIDENTIAL SUBURBAN (RS) TO RESIDENTIAL o
5 MEDIUM HIGH-20 (RMH-20) FOR THREE (3) PARCELS CONTAINING A TOTAL ro
OF APPROXIMATELY 3.57 ACRES IN ORDER TO CONSTRUCT A PLANNED N
6 UNIT DEVELOPMENT COMPRISED OF FIFTY-ONE (51) ATTACHED 9
RESIDENTIAL UNITS LOCATED AT 4630 N. "F" STREET (APN: 0265-191-17, 18 a
7 AND 34) WITHIN THE SPHERE OF INFLUENCE OF THE UNINCORPORATED a-
8 AREA OF THE CITY OF SAN BERNARDINO.
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9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 2
a�
10 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the o
11 day of , 2016,by the following vote to wit:
12 Council Members: AYES NAYS ABSTAIN ABSENT
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13 MARQUEZ
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14 BARRIOS E
1 VALDIVIA
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SHORETT
16 NICKEL °
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17 a
RICHARD
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18 MULVIHILL
19 0
20 Georgeann Hanna, City Clerk z
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21 The foregoing Resolution is hereby approved this day of , 2016. U
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24 R. CAREY DAVIS,Mayor
25 Approved as to form: City of San Bernardino Q
Gary D. Saenz, City Attorney
26 E
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By: a
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6.B.b
RESOLUTION NO. 2016-022-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF r
SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR 4
r
AND COMMON COUNCIL NOT TO ADOPT A CATEGORICAL a
EXEMPTION AND DENY GENERAL PLAN AMENDMENT 16-02 AND N
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) o
14-17 NOT ALLOWING THE CHANGE OF THE GENERAL PLAN LAND
USE DESIGNATION FROM RESIDENTIAL SUBURBAN TO
RESIDENTIAL MEDIUM HIGH-20 AND THE ZONING DISTRICT FROM N
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RESIDENTIAL SUBURBAN (RS) TO RESIDENTIAL MEDIUM HIGH-20
(RMH-20) FOR THE DEVELOPMENT OF A FIFTY-ONE (51) a.
RESIDENTIAL UNIT PLANNED UNIT DEVELOPMENT ON A SITE
CONTAINING APPROXIMATELY 3.57 ACRES LOCATED AT 4630 N. "F"
CD
STREET (APN: 0265-191-17, 18 AND 34) WITHIN THE SPHERE OF E CL
INFLUENCE OF THE UNINCORPORATED AREA OF THE CITY OF SAN 2
BERNARDINO. a
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WHEREAS,on October 9, 2014,pursuant to the requirements of Chapter 19.50 (General
Plan Amendments), Chapter 19.42 (Development Code Amendments) and Chapter 19.74
(Zoning Map Amendments) of the City of San Bernardino Development Code, an application for
General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) a ca
14-17 was duly submitted by:
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Property Owner: Chih Hung Wang
4630 N."F"Street
San Bernardino, CA 92408 0
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Project Applicant: Joseph E. Bonadiman& Associates, Inc. Q
234 N. Arrowhead Avenue
LO
San Bernardino, CA 92408
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Parcel Address: 4630 N. "F" Street °
APN: 0265-191-17, 18 and 34 N
Lot Area: 3.57 acres
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WHEREAS, General Plan Amendment 16-02 and Development Code Amendment o
(Zoning Map Amendment) 14-17 is a request to allow the change of the General Plan Land Use CD
Designation from Residential Suburban to Residential Medium High-20 and the Zoning District
from Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3) parcels a
containing a total of approximately 3.57 acres in order to construct a Planned Unit Development
comprised of fifty-one (5 1) attached residential units within the sphere of influence of the
unincorporated area of the City of San Bernardino; and
WHEREAS, on April 9, 2008, the applicant submitted an application for Conditional Q
Use Permit P2008-00253 and Tentative Tract Map 17501 to the County of San Bernardino to
allow the construction of a Planned Unit Development (PUD) comprised of fifty-one (51) E
attached residential units. The subject 3.57-acre site is located within the sphere of influence of
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the unincorporated area of the City of San Bernardino and is currently "pre-zoned" by the City's a
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General Plan with a General Plan Land Use Designation of Residential Suburban and Zoning
District classification of Residential Suburban (RS). In order for the County of San Bernardino
to proceed with the processing of their Conditional Use Permit P2008-00253 and Tentative Tract ti
Map 17501 applications, the applicant is required to obtain the approval from the City of San v
Berardino for a General Plan Amendment and Development Code Amendment (Zoning Map
Amendment) allowing the change of the General Plan Land Use Designation and Zoning District N
for the subject parcels from Residential Suburban (RS) to Residential Medium High-20 (RMH-
20) so that the proposed fifty-one (51) residential unit PUD will comply with the allowable
density; and
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WHEREAS, according to §82.04.060 (Residential Land Use District Site Planning and
Building Standards) of the County of San Bernardino Development Code, the allowable density a
within the Medium Residential (RM) zone is twenty (20) units per acre, which allows up to
seventy-one (7 1) units for the subject site. The density on the subject site for the proposed fifty-
one (5 1)residential unit PUD is fifteen(15)units per acre; and a
0
WHEREAS, according to §19.04.030 (Development Standards) of the City of San
Bernardino Development Code, the allowable density within the Residential Suburban (RS) zone
is 4.5 units per acre, which would allow up to a maximum of sixteen (16) residential units on the
subject site. The requested Residential Medium High-20 (RMH-20) zone has an allowable
density of twenty (20) units per acre, which is consistent with the residential density allowed by
the Medium Residential (RM) zone of the County of San Bernardino; and a
WHEREAS, pursuant to Resolution No. 97-275, adopted by the Mayor and Common
Council on September 4, 1997, properties located outside of the incorporated territory of the City U_
of San Bernardino may receive sewer services, subject to the execution of a standard form cc
agreement. California Government Code §56133 also requires the approval by the Local Agency
Formation Commission for connection of properties within the County to a City's sewer system;
and Q
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WHEREAS, on January 15, 2014, the applicant submitted an Application for Sewer LO
Services Outside of City Boundaries with the City's Public Works Department — Real Property N
Division to initiate the proceedings for the connection to the City's sewer system for the subject o
property which is located outside the boundaries of the City of San Bernardino, pursuant to 0
California Government Code §56133. Under the terms of this application, the applicant has
agreed that he will be required to execute an "Irrevocable Agreement to Annex" in the event that o
the subject property is annexed into the City of San Bernardino at some future time. o
Subsequently, in February 2014, the applicant submitted a Sewer Line Capacity Evaluation/
Analysis to determine if the existing sewer line located on N. 1 st Avenue to N. "F" Street from
48'h Street to the main line at 40`h Street has adequate capacity to allow the connection of the a
proposed fifty-one (5 1) residential unit PUD for proposed Tentative Tract Map 17501 to the N
existing sewer line. On April 21, 2014, the City Engineer of the City of San Bernardino
approved the Sewer Line Capacity Evaluation/Analysis and its recommendations; and E
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WHEREAS, General Plan Amendment 16-02 and Development Code Amendment Q
(Zoning Map Amendment) 14-17 is a request to only change of the General Plan Land Use
Designation from Residential Suburban to Residential Medium High-20 and the Zoning District E
from Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for the subject site,
and does not involve the actual approval of the proposed fifty-one(5 1)residential unit PUD; and a
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WHEREAS, the Planning Division of the Community Development Department has
reviewed General Plan Amendment 16-02 and Development Code Amendment (Zoning Map
Amendment) 14-17 for consistency with the City of San Bernardino General Plan and
compliance with the City of San Bernardino Development Code; and 4
a
WHEREAS, pursuant to the requirements of§15060(c) of the California Environmental N
Quality Act, the Planning Division of the Community Development Department evaluated
General Plan Amendment 16-02 and Development Code Amendment(Zoning Map Amendment)
14-17; and Ca
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WHEREAS, in accordance with §15060 (Preliminary Review) of the California
Environmental Quality Act (CEQA), the Planning Division of the Community Development a
Department conducted an environmental evaluation in connection with proposed General Plan c�
Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 and
concluded that General Plan Amendment 16-02 and Development Code Amendment (Zoning E CL
Map Amendment) 14-17 is found to be exempt under §15061(b)(2) (Review for Exemption) of o
Z
CEQA; and
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WHEREAS, pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 C
Categorical Exemption consists of projects characterized as in-fill development projects meeting
the conditions contained within §15332 of CEQA. The Planning Division of the Community
Development Department analyzed proposed General Plan Amendment 16-02 and Development
Code Amendment (Zoning Map Amendment) 14-17 and determined that it is Categorically
Exempt from CEQA pursuant to §15332 of the CEQA Guidelines due to the fact that: 1) with the E
approval of General Plan Amendment 16-02 and Development Code Amendment (Zoning Map LL
Amendment) 14-17, the project would consistent the applicable General Plan land use
designation and all applicable General Plan policies as well as with the applicable Zoning
District, development standards and regulations, subject to the approval by the Mayor and °
Common Council; 2) the proposed development is located on a site within the City's sphere of Q
influence on less than five (5) acres; 3) Conditions of Approval would be imposed to alleviate
potential impacts; 4) there are no additional potential significant environmental impacts that may LO
result from the proposed development of the Planned Unit Development comprised of fifty-one N
(51) attached residential units; 5) an Administrative Draft Initial Study/Mitigated Negative o
Declaration has been prepared under the direction of the County of San Bernardino for their o
respective Conditional Use Permit P2008-00253 and Tentative Tract Map 17501 application that N
will be completed and circulated during the CEQA-mandated public review period; and, 6) the o
Planning Division of the Community Development Department will have the opportunity to 0
review and submit comments during the CEQA-mandated public review period in order to a
minimize potential impacts to the surrounding area; and
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WHEREAS, on March 10,2016,pursuant to the requirements of§19.42.020, §19.50.030 N
and §19.74.030 of the City of San Bernardino Development Code, the Development and
Environmental Review Committee reviewed the application and moved the Categorical E
Exemption, General Plan Amendment 16-02 and Development Code Amendment (Zoning Map w
Amendment) 14-17 to the Planning Commission for consideration; and a
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WHEREAS, April 8, 2016, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a
Categorical Exemption for General Plan Amendment 16-02 and Development Code Amendment
(Zoning Map Amendment) 14-17 was published for the CEQA-mandated ten (10) day public
review and comment period; and 4
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WHEREAS, on April 8, 2016, pursuant to the requirements §19.52.020 of the City of N
San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by o
mailing notices to the property owners within 500 feet of the subject property of the holding of a
public hearing at which the Categorical Exemption, General Plan Amendment 16-02 and N
Development Code Amendment(Zoning Map Amendment) 14-17 would be considered; and
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WHEREAS, on April 20, 2016, pursuant to the requirements of§19.52.040 of the City c�
of San Bernardino Development Code, the Planning Commission held the duly noticed public
hearing at which interested persons had an opportunity to testify in support of, or opposition to a
the Categorical Exemption, General Plan Amendment 16-02 and Development Code o
Amendment (Zoning Map Amendment) 14-17, and at which meeting the Planning Commission
considered the Categorical Exemption, General Plan Amendment 16-02 and Development Code
Y
Amendment(Zoning Map Amendment) 14-17; and
WHEREAS, on April 20, 2016, during the duly noticed public hearing, residents from
the neighboring Arrowhead Farms community located within the subject sphere of influence of
the unincorporated area of the City of San Bernardino raised concerns relating to the proposed
increased density and its potential impacts to the surrounding neighborhood and expressed their E
opposition to General Plan Amendment 16-02 and Development Code Amendment (Zoning Map U-
Amendment) 14-17; and
3
WHEREAS, on April 20, 2016, upon the conclusion of the public testimony during the °
public hearing and after its deliberation, the Planning Commission concurred that the increased Q
density is not appropriate for this specific neighborhood; and M
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WHEREAS, on April 20, 2016, upon the conclusion of the public hearing, the Planning N
Commission continued Categorical Exemption, General Plan Amendment 16-02 and o
Development Code Amendment (Zoning Map Amendment) 14-17 to their regularly scheduled
meeting on May 18, 2016, and directed the Planning Division of the Community Development N
Department to return with a Resolution from the Planning Commission forwarding a o
recommendation of denial to the Mayor and Common Council; and o
WHEREAS, since this item was continued to a date specific no new public notification
was required; and a
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WHEREAS,pursuant to the requirements of Chapters 19.42, 19.50 and 19.74 of the City
of San Bernardino Development Code, the Planning Commission has the authority to take action s
on the Categorical Exemption, General Plan Amendment 16-02 and Development Code CO
Amendment(Zoning Map Amendment) 14-17. Q
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NOW THEREFORE, the Planning Commission of the City of San Bernardino does
hereby resolve,determine, find, and order as follows:
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SECTION 1. ENVIRONMENTAL DETERMINATION: r
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On May 18, 2016, in accordance with §15061 of CEQA, during a duly advertised and continued N
public hearing, the Planning Commission considered the Categorical Exemption pursuant to U
§15332 (In-Fill Development Projects) of CEQA. In accordance with §15270(a) of CEQA, the °
Planning Commission hereby forwards a recommendation that the Mayor and Common Council
not adopt the Categorical Exemption in connection with the recommended denial of General o
Plan Amendment 16-02 and Development Code Amendment(Zoning Map Amendment) 14-17.
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SECTION 2. FINDINGS FOR GENERAL PLAN AMENDMENT 16-02 AND
DEVELOPMENT CODE AMENDMENT (ZONING MAP
AMENDMENT) 14-17: Q
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Sections 19.42.050, 19.50.050 and 19.74.050 of the City of San Bernardino Development Code
require that General Plan Amendment and Development Code Amendment (Zoning Map °
Amendments) applications meet certain findings prior to the approval by the Mayor and
Common Council. However, the following findings are provided in support of the
recommendation by the Planning Commission for the denial of General Plan Amendment 16-02
and Development Code Amendment(Zoning Map Amendment) 14-17: f°
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Finding No. 1: The proposed amendment is internally consistent with the General Plan. E
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• Finding of Fact: The proposed General Plan Amendment and Development Code
Amendment (Zoning Map Amendment) would result in the change of the 3
General Plan Land Use Designation from Residential Suburban to
Residential Medium High-20 and the Zoning District from Residential a
Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3)
parcels containing a total of approximately 3.57 acres within the sphere of
influence of the unincorporated area of the City of San Bernardino. N
Although the proposed General Plan Land Use Designation and Zoning 9
District of Residential Medium High-20 would be consistent with the o
County of San Bernardino's General Plan Land Use Designation and
Zoning District of Medium Residential for the subject three (3) parcels,
the proposed Residential Medium High-20 General Plan Land Use o
Designation and Zoning District for the construction of a Planned Unit
Development comprised of fifty-one (51) attached residential units would
not be consistent with the existing "Residential Suburban" characteristics a.
of the surrounding neighborhood which is predominantly detached single N
family residential. Additionally, the City's General Plan Land Use
Element has pre-zoned the sphere of influence of this specific E
unincorporated area of the City of San Bernardino as Residential Suburban y
(RS) in order to maintain its detached single family residential character.
Pursuant to the City's General Plan Land Use Element and §19.04.010(C) C
of the City's Development Code, the Residential Suburban (RS) zone is E
intended to promote the development of single family detached units in a
suburban setting with a minimum lot size of 7,200 square feet, and a a
5
Packet Pg. 643
maximum density of 4.5 units per net acre. Therefore, with a density of
twenty (20) units per acre which translates into up to seventy-one (71)
units for the subject site, proposed General Plan Amendment 16-02 and ti
Development Code Amendment (Zoning Map Amendment) 14-17 for the 4
development of a fifty-one (51) unit attached single family residential
Planned Unit Development is not consistent with the City's General Plan. N
Finally, allowing the approval of General Plan Amendment 16-02 and
Development Code Amendment (Zoning Map Amendment) 14-17 °
changing the General Plan Land Use Designation from Residential
CU
Suburban to Residential Medium High-20 and the Zoning District from o
Residential Suburban (RS) to Residential Medium High-20 (RMH-20) to
would establish a precedent for the approval of future similar attached a
residential development projects thereby transforming the neighborhood
from its existing detached single family residential character. C
Finding No.2: The proposed amendment would not be detrimental to the public interest, o
health, safety, convenience, or welfare of the City.
°
Finding of Fact: The proposed General Plan Amendment and Development Code
Amendment (Zoning Map Amendment) to change the General Plan Land -�
Use Designation from Residential Suburban to Residential Medium High-
20 and the Zoning District from Residential Suburban (RS) to Residential
Medium High-20 (RMH-20) for the subject three (3) parcels containing a E
total of approximately 3.57 acres within the sphere of influence of the E
unincorporated area of the City of San Bernardino in order to facilitate the U_
construction of a Planned Unit Development comprised of fifty-one (51)
attached residential units would be detrimental to the public interest, 3
health, safety, convenience, or welfare of the City in that proposed
attached multi-family residences would be developed within a a
neighborhood that is predominantly comprised of detached single family
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residences. The City's General Plan Land Use Element has pre-zoned the
sphere of influence of this specific unincorporated area of the City of San N
Bernardino as "Residential Suburban" in order to maintain its detached G
single family residential character, as well as to protect its residents. With o
its established detached single family residential character, the existing N
neighborhood has been developed and maintained to specifically support
detached single family residences. The development of such proposed o
attached multi-family residences would generate an increased population
beyond what has been contemplated by the City or planned for by the
U
City's General Plan which may result in unforeseen detrimental effects. a
Therefore, proposed General Plan Amendment 16-02 and Development N
Code Amendment (Zoning Map Amendment) 14-17 would be detrimental
to the public interest,health, safety,convenience, or welfare of the City. E
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6.B.b
Finding No.3 The proposed amendment would maintain the appropriate balance of land
uses within the City.
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Finding of Fact: The proposed General Plan Amendment and Development Code 4
Amendment (Zoning Map Amendment) to change the General Plan Land
Use Designation from Residential Suburban to Residential Medium High- N
20 and the Zoning District from Residential Suburban (RS) to Residential
Medium High-20 (RMH-20) for the subject three (3) parcels containing a °
total of approximately 3.57 acres within the sphere of influence of the
unincorporated area of the City of San Bernardino that is currently under- o
utilized will not maintain an appropriate balance of land uses due to the
predominant detached single family residential character of the nQ
surrounding neighborhood. Pursuant to the City's General Plan Land Use
Element and §19.04.010(C) of the City's Development Code, the C
Residential Suburban (RS) zone is intended to promote the development a
of single family detached units in a suburban setting with a maximum o
density of 4.5 units per net acre. A density of twenty (20) units per acre a
which translates into up to seventy-one (71) units for the subject site. °
Therefore, proposed General Plan Amendment 16-02 and Development
Code Amendment (Zoning Map Amendment) 14-17 for the development
of a fifty-one (51) unit attached single family residential Planned Unit
Development would not maintain the appropriate balance of land uses f6
a.
within the City.
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Finding No. 4 The subject parcels are physically suitable (including but not limited to, U_
access, provision of utilities, compatibility with adjoining land uses, and CU
adjoining land uses, and absence of physical constraints) for the requested 3
land use designation and the anticipated land use development.
a
Finding of Fact: The subject site is currently under-utilized which is only developed with a
Ln
single-family residence. The proposed General Plan Amendment and
Development Code Amendment (Zoning Map Amendment) would N
facilitate the construction of a Planned Unit Development comprised of q
fifty-one (51) attached residential units with the on-site and off-site o
improvements. However, the City's General Plan Land Use Element has N
pre-zoned the sphere of influence of this specific unincorporated area of ._
the City of San Bernardino as"Residential Suburban" in order to maintain o
its detached single family residential character and compatibility with
adjoining land uses, as well as to provide adequate services. With its
established detached single family residential character, the existing a
neighborhood has been developed and maintained to specifically support N
detached single family residences. The development of such proposed
attached multi-family residences would generate an increased need to E
address conflicting land uses and the need for services beyond what has
been contemplated by the City or planned for by the City's General Plan a
which may result in unforeseen effects. Therefore, proposed General Plan
Amendment 16-02 and Development Code Amendment (Zoning Map E
Amendment) 14-17 would not be physically suitable for the requested R
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6.B.b
Residential Medium High-20 General Plan land use designation or the
proposed land use development.
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SECTION 3. PLANNING COMMISSION ACTION:
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The Planning Commission hereby takes the following action: N
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1. Adoption of Planning Commission Resolution No. 2016-022 forwarding a °
recommendation that the Mayor and Common Council:
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a. NOT ADOPT the Categorical Exemption (§15332: In-Fill Development Projects) for
General Plan Amendment 16-02 and Development Code Amendment (Zoning Map a
Amendment) 14-17, in accordance with §15270(a) of the California Environmental
Quality Act; and
E
b. DENY General Plan Amendment 16-02 and Development Code Amendment (Zoning o
Map Amendment) 14-17 based on the abovementioned Findings of Fact.
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PASSED,APPROVED AND ADOPTED this 18"' day of May 2016. �
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Larr asley, Chairman
San Bernardino Planning Commission a
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ATTEST. °
to
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Mark Persico,Planning Commission Secretary
City of San Bernardino, California
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Packet,Pg.646
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CERTIFICATION:
1, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution, No. 2016-022, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regular Q
meeting thereof held on the 18'h day of May 2016, by the following vote, to wit: N
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AYES: Heasley, Machen, Lopez, Eble,Durr,Paxton and Earp
NOES: None o
ABSENT: Barnhardt and Dailey Q
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ABSTAIN: None
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StephIf e Nprichez, Recoidiril Secretary
City o a emardino, ali mia a
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AGENDA ITEM #4
PLANNING COMMISSION STAFF REPORT
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CITY OF SAN BERNARDINO PLANNING DIVISION
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CASE: General Plan Amendment 16-02 and Development Code
Amendment/Zoning Map Amendment 14-17 f4
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HEARING DATE: May 18, 2016 °
WARD: 4 Q
OWNER/APPLICANT:
Mary's Mercy Center
510 W. Citrus Edge Street °
Glendora, CA 91740 0
°
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REQUEST & LOCATION:
_
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A request to allow the change of the General Plan Land Use Designation from Residential
Suburban to Residential Medium High-20 and the Zoning District from Residential Suburban
(RS) to Residential Medium High-20 (RMH-20) for three (3) parcels containing a total of a
approximately 3.57 acres in order to construct a Planned Unit Development comprised of fifty-
one (5 1) attached residential units within the sphere of influence of the unincorporated area of M
the City of San Bernardino. The project site is located at 4630 N. "F" Street.
a�
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APN: 0265-191-17, 18 and 34
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ZONE: . Residential Suburban(RS) Q
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STAFF RECOMMENDATION:
The Planning Division of the Community Development Department recommends that the T7
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Planning Commission adopt Resolution No. 2016-022 forwarding a recommendation that the
Mayor and Common Council (please see Attachment A): °
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1. Not Adopt the Categorical Exemption (§15332: In-Fill Development Projects) for
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General Plan Amendment 16-02 and Development Code Amendment (Zoning Map U)
Amendment) 14-17, in accordance with §15270(a) of the California Environmental a
Quality Act; and M
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2. Deny General Plan Amendment 16-02 and Development Code Amendment (Zoning Map E
Amendment) 14-17 based on the Findings of Fact. U
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GPA 16-02 and DCAIZMA 14-17
Planning Commission Date:5.18.2016
Page 2
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SUMMARY �=
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On April 20, 2016, the Planning Commission conducted a public hearing on the application
involving General Plan Amendment 16-02 and Development Code Amendment (Zoning Map N
Amendment) 14-17 to allow the change of the General Plan Land Use Designation from 0
Residential Suburban to Residential Medium High-20 and the Zoning District from Residential o
Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3)parcels containing a total
of approximately 3.57 acres in order to construct a Planned Unit Development comprised of o
fifty-one (5 1) attached residential units within the sphere of influence of the unincorporated area
of the City of San Bernardino(please see Attachment B). a
During the public hearing, residents from the neighboring Arrowhead Farms community located a
within the subject sphere of influence of the unincorporated area of the City of San Bernardino E
raised concerns relating to the proposed increased density and its potential impacts to the o
surrounding neighborhood. Upon the conclusion of the public testimony and after their a
deliberation, the Planning Commission was in concurrence that the increased density is not o
appropriate for this specific neighborhood. Thus, this item was continued to the meeting of May c
18, 2016, and staff was directed to prepare a Resolution forwarding a recommendation of denial
to the Mayor and Common Council for General Plan Amendment 16-02 and Development Code c
Amendment(Zoning Map Amendment) 14-17.
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RECOMMENDATION E
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Staff recommends that the Planning Commission adopt Resolution No. 2016-022 forwarding a CU
recommendation to the Mayor and Common Council not to adopt the Categorical Exemption and 3
deny General Plan Amendment 16-02 and Development Code Amendment (Zoning Map o
Amendment) 14-17 based on the Findings of Fact. Q
Respectfully Submitted, v
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Oliver Mujica
Planning Division Manager v
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Approved for Distribution:
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Mark Persico,AICP
Community Development Director E
Attachments: A. Resolution No. 2016-022 w
B. Planning Commission Staff Report, dated April 20, 2016 a
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6.B.d
RNARVNO Larry Heasley,Chair
Lance Durr, Vice Chair
Andrew Machen CITY OF SAN BERNARDINO
Amelia S.Lopez r
Jim Eble COMMUNITY DEVELOPMENT DEPARTMENT 4
D'NjO Dustin Barnhardt 300 North `D"Street, San Bernardino, California 92418
Kent Paxton
Casey Dailey Phone: (909)384-7272 • Fax: (909)384-5155 N
Steven Earp Q
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PLANNING COMMISSION ACTION MINUTES
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MAY 18, 2016 Q
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MINUTES OF APRIL 20, 2016
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EXTENSION OF TIME 16-03 c
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EXTENSION OF TIME 16-04 0
GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE
AMENDMENT/ZONING MAP AMENDMENT 14-17
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CONDITIONAL USE PERMIT 16-04 a
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GENERAL PLAN AMENDMENT 15-029 DEVELOPMENT CODE M
I AMENDMENT/ZONING MAP AMENDMENT 15-04, SUBDIVISION 15-05 AND 0
DEVELOPMENT PERMIT TYPE-D 15-11 s
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DEVELOPMENT CODE STUDY SESSION a
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Chair Heasley called the meeting to order at 6:00 p.m.
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Commissioner Earp led the flag salute. 4
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Commissioners Present: Heasley,Durr, Machen,Lopez, Eble, Paxton, and Earp. N
Commissioners Excused: None. a
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Commissioners Absent: Barnhardt and Dailey. °
Staff Present: Mark Persico, Community Development Director; Steven Graham,
Deputy City Attorney; Oliver Mujica, Planning Division Manager; o
Travis Martin, Associate Planner; Chantal Power, Assistant
Planner, Elizabeth Mora-Rodriguez, Assistant Planner; Stephanie a
Sanchez,Planning Commission Secretary.
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ADMINISTRATION OF OATH: a
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Stephanie Sanchez, Planning Commission Secretary administered the oath.
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CONSENT AGENDA:
Mark Persico, Community Development Director, gave a brief presentation of the consent
agenda.
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1. Minutes of April 20,2016. Staff recommended approval of these minutes. E
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2. EXTENSION OF TIME 16-03 - A request to allow a one (1) year extension of =CD
time for Subdivision 05-01 for Tentative Tract Map 17367 involving the subdivision o
of a parcel containing approximately 64.9 acres into sixty-nine (69) separate parcels a
(66 single family residential lots, 2 open space lettered lots, and one remainder lot). co
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Address: North Side of Verdemont Drive, between Chestnut Avenue and 7
Magnolia Avenue 7
Zone: Residential Low (RL) 7
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous o
Environmental Determination) of the California
Environmental Quality Act.
Owner: Verdemont Heights,LLC
Applicant: Transtech
APN: 0261-011-02, 03 and 10; and, 0348-121-12 and 27
Ward: 5
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Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-020 adopting the Categorical Exemption for Extension of Time r
16-03 of Subdivision 05-01 for Tentative Tract Map 17367 and approving Extension Q
of Time 16-03 of Subdivision 05-01 for Tentative Tract Map 17367, subject to the a
recommended Conditions of Approval. E
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3. EXTENSION OF TIME 16-04 - A request to allow a one (1) year extension of
time for Subdivision 13-03 for Tentative Tract Map 18895 involving the subdivision
of a parcel containing approximately 3.0 acres into twelve (12) single family
residential lots. N
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Address: Northeast corner of Mill Street and Macy Street o
Zone: Residential Suburban (RS)
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous
Environmental Determination) of the California N
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Environmental Quality Act. t°
Owner: Secure Income Group a-
Applicant: Love Engineering
APN: 0142-151-11, 12 and 17; and 0142-361-08
Ward: 3 E
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Recommended Motion: Staff recommended that the Planning Commission adopt a',
Resolution No. 2016-028 adopting the Categorical Exemption for Extension of Time °
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16-04 of Subdivision 13-03 for Tentative Tract Map 18895 and approving Extension
of Time 16-04 of Subdivision 13-03 for Tentative Tract Map 18895, subject to the
recommended Conditions of Approval.
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4. GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE E
AMENDMENT/ZONING MAP AMENDMENT 14-17 - A request to allow the
change of the General Plan Land Use Designation and the Zoning District from
Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3)
parcels containing a total of approximately 3.57 acres in order to construct fifty-one
(51) attached residential units within the sphere of influence of the unincorporated Q
area of the City of San Bernardino.
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Address: 4630 N. "F" Street to
Zone: Residential Suburban(RS) co
Environmental Determination: Exempt from CEQA - pursuant to §15332 (In-Fill o
Development Project) of the California
Environmental Quality Act.
Applicant: Joseph E. Bonadiman&Associates, Inc.
APN: 0265-191-17, 18 and 34
Ward: 4
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Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-022 forwarding a recommendation to the Mayor and Common
Council not to adopt the Categorical Exemption for General Plan Amendment 16-02 w
and Development Code Amendment/Zoning Map Amendment 14-17 and denial of a
General Plan Amendment 16-02 and Development Code Amendment/Zoning Map
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Amendment 14-17,based on the Findings of Fact. E
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5. CONDITIONAL USE PERMIT 16-04 — A request to allow the development,
establishment and operation of the Newman Center for student meetings and
activities within a building containing approximately 5,851 square feet and the a
required on-site and off-site improvements on a vacant parcel containing N
approximately 3.05 acres. a
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Address: 2574 Kendall Drive
Zone: Residential Urban (RU) f4
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Environmental Determination: Exempt from CEQA — pursuant to §15332 (In-Fill c
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Development Project) of the California
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Environmental Quality Act. a
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Owner/Applicant:Diocese of San Bernardino
APN: 0261-221-21
Ward: 5 Q-
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Recommended Motion: Staff recommended that the Planning Commission adopt o
Resolution No. 2016-029 adopting the Categorical Exemption for Conditional Use
Permit 16-04 and approving Conditional Use Permit 16-04, based on the Findings of D
Fact and subject to the recommended Conditions of Approval.
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Commissioner Paxton made a motion to approve the consent agenda.
Commissioner Durr seconded the motion. U_
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The motion carried by the following vote: Ayes: Heasley, Machen, Paxton, Lopez, Durr and 3
Earp. Nays: None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey. o
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PUBLIC COMMENTS -ITEMS NOT ON AGENDA: M
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No comments.
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PUBLIC HEARINGS:
6. GENERAL PLAN AMENDMENT 15-02, DEVELOPMENT CODE
AMENDMENT/ZONING MAP AMENDMENT 15-04, SUBDI_VISION 15-05 N
AND DEVELOPMENT PERMIT TYPE-D 15-11 - A request to allow the change Q
of the General Plan Land Use Designation and the Zoning District of a site o
containing approximately 25.25 acres from Industrial Light (IL), Office Industrial
Park (OIP) and Public-Commercial Recreation (PCR) to Industrial Light (IL); and, N
the development and establishment of an industrial warehouse building containing 9
approximately 564,652 and the required on-site and off-site improvements. Q
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Address: Southwest Corner of Waterman Avenue and
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Dumas Street
Zone: Industrial Light (IL), Office Industrial Park (OIP) o
and Public-Commercial Recreation(PCR)
Environmental Determination: Mitigated Negative Declaration-pursuant to §15074 0
(Adoption of a Mitigated Negative Declaration) of the w
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California Environmental Quality Act.
Owner/Applicant: Newcastle Partners
APN: 0141-431-01 02 03 04 08 09 10 11 12 16 20
and 21 a.
Ward: 3 E
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Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-030 forwarding a recommendation to the Mayor and Common (D
Council the adoption of the Mitigated Negative Declaration for General Plan o
Amendment 15-02, Development Code Amendment (Zoning Map Amendment) 15- Q
04, Subdivision 15-05 and Development Permit Type-D 15-11 and approval of
General Plan Amendment 15-02, Development Code Amendment (Zoning Map co
Amendment) 15-04, Subdivision 15-05 and Development Permit Type-D 15-11, 7
based on the Findings of Fact and subject to the recommended Conditions of 7
Approval. 7
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Travis Martin,Associate Planner,gave a brief presentation of the project.
The Commissioners had questions regarding the project. a
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Jackson Smith, Newcastle Partners, gave a short presentation on the project and answered
questions. E
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A new condition was added to the project: Q
Land Development: Traffic Requirements w
d. The proposed left turn pocket and right turn lane on Waterman Avenue shall be
constructed of P.C.C.
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Commissioner Eble made a motion to adopt Resolution No. 2016-030 forwarding a
recommendation to the Mayor and Common Council the adoption of the Mitigated Negative
Declaration for General Plan Amendment 15-02, Development Code Amendment (Zoning Map Q
Amendment) 15-04, Subdivision 15-05 and Development Permit Type-D 15-11 and approval of N
General Plan Amendment 15-02, Development Code Amendment (Zoning Map Amendment) a
15-04, Subdivision 15-05 and Development Permit Type-D 15-11, based on the Findings of Fact o
and subject to the recommended amended Conditions of Approval. _
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Commissioner Durr seconded the motion. 9
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The motion carried by the following vote: Ayes: Heasley, Machen, Paxton, Lopez, Duff and
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Earp. Nays: None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey.
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NON-PUBLIC HEARING ITEMS: o
7. STUDY SESSION—Comprehensive Development Code Update.
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Travis Martin,Associate Planner, gave a presentation on the Development Code Update.
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The Commissioners had questions regarding the Development Code Update. E
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PLANNING COMMISSION REPORTS/ANNOUNCEMENTS: 3
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DIRECTOR'S REPORT:
1. Major Projects List 7
2. Third Thursday Food Fest 7
3. Art Night o
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ADJOURNMENT:
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Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning 0-
Commission meeting at 6:54 p.m. The next regular meeting was scheduled for Wednesday,
June 15, 2016 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San
Bernardino, California.
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Minutes Adopted by Planning Commissioners: Heasley, Durr, Machen, Lopez, Eble, Paxton,
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and Earp.
Date Approved: June 15, 2016
Minutes Prepared by: Stephanie Sanchez N
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Executive Assistant
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AGENDA ITEM #10
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PLANNING COMMISSION STAFF REPORT
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CITY OF SAN BERNARDINO PLANNING DIVISION N
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CASE: General Plan Amendment 16-02 and Development Code
Amendment/Zoning Map Amendment 14-17 CU
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HEARING DATE: April 20,2016 °
WARD: 4 Q
OWNERIAPPLICANT:
Mary's Mercy Center
510 W. Citrus Edge Street
Glendora, CA 91740 C
REQUEST & LOCATION:
A request to allow the change of the General Plan Land Use Designation and the Zoning
District from Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three
(3) parcels containing a total of approximately 3.57 acres in order to construct fifty-one (51)
attached residential units within the sphere of influence of the unincorporated area of the City
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of San Bernardino. The project site is located at 4630 N. "F" Street. a
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APN: 0265-191-17, 18 and 34 M
ZONE: Residential Suburban(RS)
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STAFF RECOMMENDATION: o
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The Planning Division of the Community Development Department recommends that the
Planning Commission adopt Resolution No. 2016-022 forwarding a recommendation that the LO
Mayor and Common Council (please see Attachment A):
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1. Adopt the Categorical Exemption (§15332: In-Fill Development Projects) for General N
Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment)
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14-17, in accordance with §15061(b)(2) of the California Environmental Quality Act; and a.
2. Approve General Plan Amendment 16-02 and Development Code Amendment (Zoning
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Map Amendment) 14-17 based on the Findings of Fact and subject to the recommended Cn
Conditions of Approval. a
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GPA 16-02 and DCA/ZMA 14-17
Planning Commission Date:4.20.2016
Page 2
BACKGROUND r=
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January 15,2014: Application for Sewer Services Outside of City Boundaries was submitted.
April 21, 2014: Sewer Line Capacity Evaluation approved by the City of San Bernardino N
Public Works Department.
October 9,2014: General Plan Amendment 16-02 and Development Code Amendment o
(Zoning Map Amendment) 14-17 application was submitted.
March 10, 2015: Development and Environmental Review Committee reviewed the N
application and moved the Categorical Exemption, General Plan
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Amendment 16-02 and Development Code Amendment (Zoning Map a
Amendment) 14-17 to the Planning Commission for consideration. c�
April 5, 2016: A legal advertisement was sent to the San Bernardino Sun Newspaper for
publication on April 8, 2016. E
April 7,2016: Notices were mailed to the property owners and residents within 500 feet o
of the exterior boundaries of the subject property, providing the nature of
the request, location of the property, the date, time, and place of the o
Planning Commission meeting of April 20, 2016 for the Categorical c
Exemption, General Plan Amendment 16-02 and Development Code
Amendment(Zoning Map Amendment) 14-17.
PROJECT DESCRIPTION
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Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42
(Development Code Amendments) and Chapter 19.74 (Zoning Map Amendments) of the City of
San Bernardino Development Code, the applicant is requesting the approval of General Plan 3
Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 to 0
allow the change of the General Plan Land Use Designation and the Zoning District from Q
Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3) parcels M
containing a total of approximately 3.57 acres in order to construct a Planned Unit Development v LO
comprised of fifty-one (51) attached residential units within the sphere of influence of the S
unincorporated area of the City of San Bernardino (please see Attachment D). o
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SETTING & SITE CHARACTERISTICS L
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The project site is located on the southwest corner of N. "F" Street and Cherry Avenue (4630 N.
"F" Street), within the Residential Suburban (RS) zone (please see Attachments B and Q. The
project site contains a total of approximately 3.57, and is accessible from N. "F" Street. The v
overall project site is currently occupied by an existing single family residence but is n.
predominately vacant. Table 1 below provides a summary of the City's surrounding General LO
Plan and Zoning, as well as the land use characteristics, of the subject site and surrounding
properties. s
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GPA 16-02 and DCAIZMA 14-17
Planning Commission Date:4.20.2016
Page 3
(Wool'
TABLE 1: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL PLAN 4
DESIGNATION Q
Site Single Family/Vacant Residential Suburban(RS) Residential Suburban N
North Single Family Residential Residential Suburban(RS) Residential Suburban v
South Multi-Family Residential Residential Suburban(RS) Residential Suburban °
East Single Family Residential Residential Suburban(RS) Residential Suburban c
West Vacant Residential Suburban(RS) Residential Suburban `D
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ANALYSIS
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County of San Bernardino Review °
On April 9, 2008, the applicant submitted an application for Conditional Use Permit P2008- a
00253 and Tentative Tract Map 17501 to the County of San Bernardino in order to allow the °
construction of a Planned Unit Development (PUD) comprised of fifty-one (5 1) attached
residential units. The subject 3.57-acre site is located within the unincorporated area of the City
of San Bernardino and is currently "pre-zoned" with a General Plan Land Use Designation and
Zoning District classification of Residential Suburban (RS). In order for the County of San a
Bernardino to proceed with the processing of their Conditional Use Permit P2008-00253 and
Tentative Tract Map 17501, the applicant is required to obtain a General Plan Amendment and o
Development Code Amendment (Zoning Map Amendment) from the City of San Bernardino a_
changing the General Plan Land Use Designation and Zoning District from Residential Suburban CU
(RS) to Residential Medium High (RMH) so that the proposed fifty-one (5 1) residential unit o
PUD will comply with the allowable density. L
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Table 2 below provides a summary of the County's surrounding General Plan and Zoning, as M
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well as the land use characteristics, of the subject site and surrounding properties.
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TABLE 2: SITE AND SURROUNDING LAND USES c
LOCATION LAND USE ZONE GENERAL PLAN
DESIGNATION o
Site Single Family/Vacant Medium Residential RM Medium Residential C
North Single Family Residential Medium Residential(RM) Medium Residential
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South Multi-Family Residential Medium Residential(RM) Medium Residential
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East Single Family Residential Low Residential(RL) Low Residential a
West Vacant Medium Residential(RM) Medium Residential
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Land Use Regulations E
According to §82.04.060 (Residential Land Use District Site Planning and Building Standards)
of the County of San Bernardino Development Code, the allowable density within the Medium
Residential (RM) zone is twenty (20) units per acre. The density for the proposed fifty-one (5 1) E
residential unit PUD is fifteen(15)units per acre.
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GPA 16-02 and DCA/ZMA 14-17
Planning Commission Date:4.20.2016
Page 4
According to §19.04.030 (Development Standards) of the City of San Bernardino Development
Code, the allowable density within the Residential Suburban (RS) zone is 4.5 units per acre, 4
which would allow up to a maximum of sixteen (16) residential units on the subject site. The
requested Residential Medium High-20 (RMH-20) zone has an allowable density of twenty (20) N
units per acre, which is consistent with the residential density allowed by the County of San a
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Bernardino. °
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Sewer Service N
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Pursuant to Resolution N. 97-275, adopted by the Mayor and Common Council on September 4,
1997 (please see Attachment F), properties located outside of the incorporated territory of the a
City of San Bernardino may receive sewer services, subject to the execution of a standard form 0
agreement. California Government Code §56133 also requires the approval by the Local Agency
Formation Commission for connection of properties within the County to a City's sewer system. E
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Accordingly, on January 15, 2014, the applicant submitted an Application for Sewer Services
Outside of City Boundaries with the City's Public Works Department — Real Property Division °
to initiate the proceedings for the connection to the City's sewer system for the subject property
which is located outside the boundaries of the City of San Bernardino, pursuant to California
Government Code §56133. Under the terms of this application, the applicant has agreed that he
will be required to execute an "Irrevocable Agreement to Annex" in the event that the subject a
property is annexed into the City of San Bernardino at some future time. Subsequently, in N
February 2014, the applicant submitted a Sewer Line Capacity Evaluation/Analysis to determine E
if the existing sewer line located on N. 1St Avenue to N. "F" Street from 48th Street to the main U_
C-11 line at 40th Street has adequate capacity to allow the connection of the proposed fifty-one (5 1) co
residential unit PUD for proposed Tentative Tract Map 17501 to the sewer line. On April 21, 3
2014, the City Engineer of the City of San Bernardino approved the Sewer Line Capacity o
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Evaluation/Analysis and its recommendations. a
General Plan Amendment and Development Code Amendment(Zoning Map Amendment) v
This request for General Plan Amendment 16-02 and Development Code Amendment (Zoning
Map Amendment) 14-17 is only to change of the General Plan Land Use Designation and the c
Zoning District of the subject site from Residential Suburban (RS) to Residential Medium High-
20 (RMH-20), and does not involve the actual approval of the proposed fifty-one (5 1) residential
unit PUD. Should the Planning Commission forward a recommendation to the Mayor and
Common Council to approve General Plan Amendment 16-02 and Development Code
Amendment (Zoning Map Amendment) 14-17 and the Mayor and Common Council so grant
such approval, the County of San Bernardino will then proceed with the processing of their U
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respective Conditional Use Permit P2008-00253 and Tentative Tract Map 17501 application in n
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order to allow the construction of the proposed fifty-one(5 1)residential unit PUD.
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During the processing of Conditional Use Permit P2008-00253 and Tentative Tract Map 17501 E
by the County of San Bernardino, the City's Planning Division will review and comment on the
County's documentation and Initial Study/Mitigated Negative Declaration during the public Q
review period in order to minimize potential impacts to the surrounding area. As such, the
following Condition of Approval has been included: E
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GPA 16-02 and DCA/ZMA 14-17
Planning Commission Date:4.20.2016
Page S
✓ The applicant and/or property owner shall inform the Planning Division of any public ti
review periods associated with the processing of Conditional Use Permit P2008-00253
and Tentative Tract Map 17501 by the County of San Bernardino in a timely manner so
that the Planning Division has adequate time to comment. (please see Condition of N
Approval No. 2) v
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) °
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In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act o
(CEQA), the Planning Division conducted an environmental evaluation in connection with
proposed General Plan Amendment 16-02 and Development Code Amendment (Zoning Map a
Amendment) 14-17 and concluded that General Plan Amendment and Development Code
Amendment (Zoning Map Amendment) 14-17 is found to be exempt under §15061(b)(2)
(Review for Exemption) of CEQA. Q
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Pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical Exemption a
consists of projects characterized as in-fill development projects meeting the conditions °
contained within §15332 of CEQA. The Planning Division staff has analyzed proposed General
Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17
and has determined that it is Categorically Exempt from CEQA pursuant to §15332 of the CEQA
Guidelines due to the fact that: 1) with the approval of General Plan Amendment 16-02 and
Development Code Amendment (Zoning Map Amendment) 14-17, the project is consistent the
applicable General Plan designation and all applicable General Plan policies as well as with E
applicable zoning district and regulations; 2) the proposed development is located on a site u
within the City's sphere of influence on less than five (5) acres; 3) Conditions of Approval will
be imposed to alleviate potential impacts; and, 4) there are no additional potential significant
environmental impacts that may result from the proposed development of the Planned Unit o
Development comprised of fifty-one (51) attached residential units. Additionally, an Q
Administrative Draft Initial Study/Mitigated Negative Declaration (please see Attachment E) has M
been prepared under the direction of the County of San Bernardino for their respective LO
Conditional Use Permit P2008-00253 and Tentative Tract Map 17501 application that will be
completed and circulated during the CEQA-mandated public review period, and the Planning o
Division will have the opportunity to review and submit comments period in order to minimize IN
potential impacts to the surrounding area. Accordingly, pursuant to §15062 of CEQA, a Notice o
of Intent to Adopt a Categorical Exemption for General Plan Amendment 16-02 and C
Development Code Amendment (Zoning Map Amendment) 14-17 was published on April 8,
2016 for the CEQA-mandated ten(10) day public review and comment period, and there were no
public written comments received or verbal comments presented as of the date of the preparation
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of this Staff Report. n
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On March 10, 2016, the Development and Environmental Review Committee reviewed the
application and Environmental Determination of the Planning Division, and moved the s
Categorically Exempt pursuant to §15332 (In-Fill Development Projects) of CEQA and General Y
Plan Amendment 16-02 and Development Code Amendment 14-17 to the Planning Commission Q
for consideration. c
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GPA 16-02 and DCA/ZMA 14-176.B.e
Planning Commission Date:4.20.2016
Page 6
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2016-022 forwarding a a
recommendation to the Mayor and Common Council the adoption of the Categorical Exemption N
and approval of General Plan Amendment 16-02 and Development Code Amendment (Zoning a
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Map Amendment) 14-17, based on the Findings of Fact and subject to the recommended o
Conditions of Approval.
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Respectfully Submitted,
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Oliver Mujica
Planning Division Manager
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Approved for Distribution: U-
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Mark Persico, AICP c
Community Development Director
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Attachments: A. Resolution No. 2016-022
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B. Aerial Map
C. Location Map
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D. Proposed Site Plan U
E. Administrative Draft Initial Study/Mitigated Negative Declaration a
F. Resolution No. 97-275 LO
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Packet Pg. 662
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III, 6.B.f
�a a. AR, Larry Heasley,Chair
Lance Durr, Vice Chair
Andrew Machen CITY OF SAN BERNARDINO ti
i Amelia S.Lopez
Jim Eble COMMUNITYDEVELOPMENT DEPARTMENT 4
DG'�DED IN�,o Dustin Barnhardt 300 North "D"Street, San Bernardino, California 92418
Kent Paxton
Casey Dailey Phone:(909)384-7272 • Fax:(909)384-5155 N
Steven Earp Q
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PLANNING COMMISSION ACTION MINUTES °
to
APRIL 20,2016 Q
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MINUTES OF FEBRUARY 17,2016
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MINUTES OF MARCH 16, 2016 0
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EXTENSION OF TIME 16-01 0
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EXTENSION OF TIME 16-02
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EXTENSION OF TIME 16-03 R
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VARIANCE 16-01 E
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DEVELOPMENT CODE AMENDMENT 16-02 AND
CONDITIONAL USE PERMIT 16-03
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GENERAL PLAN AMENDMENT 16-03, DEVELOPMENT CODE AMENDMENT / Q
ZONING MAP AMENDMENT 15-01, SUBDIVISION 15-02, AND CONDITIONAL USE to
PERMIT 15-09 Cl)
DEVELOPMENT PERMIT TYPE—P 15-03 7
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GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT / c
ZONING MAP AMENDMENT 14-17
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Chair Heasley called the meeting to order at 6:00 p.m.
Commissioner Lopez led the flag salute. 4
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Present: Commissioners: Heasley,Durr, Machen, Lopez, Eble, Paxton, and Earp. N
Excused: None. Absent: Barnhardt and Dailey.
Staff present: Mark Persico, Community Development Director; Steven Graham, Deputy City o
Attorney; Oliver Mujica, Planning Division Manager; Travis Martin, Assistant Planner; Chantal
Power, Assistant Planner; Elizabeth Mora-Rodriguez, Assistant Planner and Stephanie Sanchez, o
Planning Commission Secretary.
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ADMINISTRATION OF OATH
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Stephanie Sanchez,Planning Commission Secretary administered the oath. E
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CONSENT AGENDA:
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Mark Persico, Community Development Director, gave a brief presentation of the consent �-
agenda. D
1. Minutes of February 17,2016. Staff recommended approval of these minutes.
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2. Minutes of March 16,2016. Staff recommended approval of these minutes. E
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3. EXTENSION OF TIME 16-01 - A request to allow a one (1) year extension of
time for Subdivision 05-40 for Tentative Tract Map 17329 involving the subdivision o
of a parcel containing approximately 55.76 acres into ninety-four (94) single family a
residential lots.
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Address: Meyers Road and Little League Drive 71�
Zone: Residential Estate(RE) and Residential Low(RL)
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous N
Environmental Determination) of the California `t
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Environmental Quality Act.
Applicant: GFR Enterprises, Inc./SB 17329, LLC
APN: 0261-031-1 and 10; 0261-062-11, 12, 13 and 14;
and, 0348-111-13 and 14 a
Ward: 5
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Recommended Motion: Staff recommended that the Planning Commission adopt E
Resolution No. 2016-019 adopting the Categorical Exemption for Extension of Time
16-01 of Subdivision 05-40 for Tentative Tract Map 17329 and approving Extension .2
of Time 16-01 of Subdivision 05-40 for Tentative Tract Map 17329, subject to the a
recommended Conditions of Approval.
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4. EXTENSION OF TIME 16-02 — A request to allow a one (1) year extension of
time for Subdivision 04-23 for Tentative Tract Map 17170 involving the subdivision
of a parcel containing approximately 16.0 acres into thirty (30) separate parcels (27
single family residential lots and 3 open space lettered lots). N
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Address: Northwest Corner of Foothill Boulevard and
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Macy Street =
Zone: Residential Medium (RM), Residential Suburban
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(RS), and Commercial General-1(CG-1)
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous Q
Environmental Determination) of the California a.
Environmental Quality Act. 0
Applicant: Santiago Foothill Estates
APN: 0142-041-04 a
Ward: 6
Recommended Motion: Staff recommended that the Planning Commission adopt °
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Resolution No. 2016-013 adopting the Categorical Exemption for Extension of Time D
16-02 of Subdivision 04-23 for Tentative Tract Map 17170 and approving Extension
of Time 16-02 of Subdivision 04-23 for Tentative Tract Map 17170, subject to the
recommended Conditions of Approval. a.
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5. EXTENSION OF TIME 16-03 - A request to allow a one (1) year extension of Cz
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time for Subdivision 05-01 for Tentative Tract Map 17367 involving the subdivision �O
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of a parcel containing approximately 64.9 acres into sixty-nine (69) separate parcels
(66 single family residential lots, 2 open space lettered lots, and one remainder lot). o
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Address: North Side of Verdemont Avenue, East of Palm c
Avenue M
Zone: Residential Low (RL)
Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous
Environmental Determination) of the California CD
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Environmental Quality Act. o
Applicant: Verdemont Heights,LLC a
APN: 0261-011-02, 03 and 10; and, 0348-121-12 and 27
Ward: 6
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Recommended Motion: Staff recommended that this item be removed from the
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agenda and re-noticed to reflect the correct property location.
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6. VARIANCE 16-01 - A request to allow the construction of a sixteen (16) foot high wall w
feature to exceed the maximum permitted height of ten(10) feet for an existing multi-tenant Q
industrial development. d
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Address: 184 W. Caroline Street U
Zone: Commercial Regional (CR-3) a
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Environmental Determination: Exempt from CEQA — pursuant to §15303 (New
Construction of Small Structures) of the California
Environmental Quality Act. 4
Applicant: Douglas Jones
APN: 0164-321-84 Q
Ward: 3
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Recommended Motion: Staff recommended that the Planning Commission adopt a
Resolution No. 2016-016 adopting the Categorical Exemption for Variance 16-01 0
and approving Variance 16-01, based on the Findings of Fact and subject to the a
recommended Conditions of Approval. a.
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Mark Persico, Community Development Director, made a recommendation to continue Item
#5 to the next Planning Commission on May 18th to allow for updated noticing. E C
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Commissioner Paxton made a motion to approve the consent agenda.
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Commissioner Eble seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Eble, Paxton
and Earp. Nays: None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey.
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PUBLIC COMMENTS-ITEMS NOT ON AGENDA E
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No comments.
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PUBLIC HEARINGS 3
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7. DEVELOPMENT CODE AMENDMENT 16-02 AND CONDITIONAL USE Q
PERMIT 16-03 — A request to amend §19.22.080 (Off-Site Signs) and allow the
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installation and operation of a freestanding freeway-oriented electronic message :
center sign, on a parcel containing approximately 3.40 acres. to
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Address: 1630 S. "E" Street o
Zone: Commercial General (CG-1)
Environmental Determination: Exempt from CEQA — pursuant to §15332 (In-Fill
Development Project) of the California Environmental
Quality Act. v
Owner: E Street Holdings,LLC a
Applicant: Lamar Central Outdoor, LLC
APN: 0141-253-02
Ward: 3
Recommended Motion: Staff recommended that the Planning Commission adopt
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Resolution No. 2016-015 forwarding a recommendation to the Mayor and Common Q
Council the adoption of the Categorical Exemption and approval of Development
Code Amendment 16-02 and Conditional Use Permit 16-03, based on the Findings E
of Fact and subject to the recommended Conditions of Approval.
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Page 4 of 9 04/20/2016
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Oliver Mujica,Planning Division Manager, gave a brief presentation of the project.
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Brian Smith, Lamar Advertising, 24541 Redlands Boulevard., made a short statement
regarding the project. N
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The commissioners had questions regarding the project. o
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Commissioner Durr made a motion to adopt Resolution No. 2016-015 forwarding a cc
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recommendation to the Mayor and Common Council the adoption of the Categorical °
Exemption and approval of Development Code Amendment 16-02 and Conditional Use Q
Permit 16-03, based on the Findings of Fact and subject to the recommended Conditions of a
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Approval.
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Commissioner Eble seconded the motion. C
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The motion carried by the following vote: Ayes: Duff, Machen, Lopez, Eble, Paxton and Earp. o
Nays: Heasley. Abstain: None. Excused: None. Absent: Barnhardt and Dailey.
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8. GENERAL PLAN AMENDMENT 16-03, DEVELOPMENT CODE
AMENDMENT/ZONING MAP AMENDMENT 15-01, SUBDIVISION 15-02 a
AND CONDITIONAL USE PERMIT 15-09 -A request to allow the change of the E
General Plan Land Use Designation and the Zoning District of a site containing
approximately 11.02 acres from Residential Urban (RU) to Residential Medium
(RM); the subdivision consolidating the existing parcels into four (4) separate
parcels; and, the development, establishment and operation of Mary's Village as a o
men's residential complex providing comprehensive on-site transitional housing, and Q
medical,behavioral health,training and support services.
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Address: North side of Walnut Street between Pico Avenue 7T_
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and San Marcos Street
Zone: Residential Urban(RU) N
Environmental Determination: Mitigated Negative Declaration-pursuant to §15074 C>
of the California Environmental Quality Act.
Applicant: Mary's Mercy Center
APN: 0274-022-01
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Ward: 3 n
Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-014 forwarding a recommendation to the Mayor and Common E
Council the adoption of the Mitigated Negative Declaration and approval of General a
Plan Amendment 16-03,Development Code Amendment (Zoning Map Amendment) Q
15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit
15-09, based on the Findings of Fact and subject to the recommended Conditions of
Approval. U
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Oliver Mujica, Planning Division Manager,gave a brief presentation of the project.
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Terry Kent, Mary's Mercy Center,made a short statement regarding the project. r
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Mike Hein, Mary's Mercy Center,made a short statement regarding the project. Q
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The commissioners had questions regarding the project.
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There was an added condition for the project: °
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• Phase 1 shall have a maximum of 85 residents, and the overall project shall have a a
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maximum of 115 residents.
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Commissioner Paxton made a motion to adopt Resolution No. 2016-014 forwarding a c
recommendation to the Mayor and Common Council the adoption of the Mitigated Negative
Declaration and approval of General Plan Amendment 16-03, Development Code Amendment o
(Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and
Conditional Use Permit 15-09, based on the Findings of Fact and subject to the recommended
Conditions of Approval.
Commissioner Machen seconded the motion. a.
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Paxton and Earp.
Nays: Eble and Durr. Abstain: None. Excused: None. Absent: Barnhardt and Dailey.
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9. DEVELOPMENT PERMIT TYPE-P 15-03—A request to allow the establishment Q
and operation of a storage yard for trucks, trailers and fully enclosed "40-yard"
containers. M
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Address: 957 W. Reece Street
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Zone: Commercial Heavy(CH) N
Environmental Determination: Exempt from CEQA — pursuant to §15301 (Existing
Facilities)of the California Environmental Quality Act.
Applicant: Brickley Environmental
APN: 0144-232-31; and, 0144-222-47 and 52
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Ward: 1 a.
Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-021 adopting the Categorical Exemption for Development s
Permit Type-P 15-03 and approving Development Permit Type-P, based on the
Findings of Fact and subject to the recommended Conditions of Approval. Q
Chantal Power,Assistant Planner,gave a brief presentation of the project. CD
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Edward Bonadiman, Joseph E. Bonadiman & Associates, made a short statement regarding
the project and made several inquiries as to the conditions on the project.
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Condition 15.13 will required as part of the project: N
B) Due to the various types of materials that will be stored on-site a pretreatment
device shall capture all mitigated storm water run —off for the two year storm o
before it reaches the detention basin, if deemed necessary. The detention basin
shall be designed in accordance with "Detention Basin Design Criteria for San o
Bernardino County." Retention basins are not acceptable.*
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Commissioner Eble made a motion to adopt Resolution No. 2016-021 adopting the Categorical
Exemption for Development Permit Type-P 15-03 and approving Development Permit Type-P,
based on the Findings of Fact and subject to the recommended Conditions of Approval. a
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Commissioner Paxton seconded the motion. o
The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Eble, Paxton
and Earp. Nays: None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey.
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10. GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE c
AMENDMENT/ZONING MAP AMENDMENT 14-17 - A request to allow the
change of the General Plan Land Use Designation and the Zoning District from t
Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3) o
parcels containing a total of approximately 3.57 acres in order to construct fifty-one Q
(51) attached residential units within the sphere of influence of the unincorporated
area of the City of San Bernardino.
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Address: 4630 N. "F" Street CO
Zone: Residential Suburban(RS) N
Environmental Determination: Exempt from CEQA - pursuant to §15332 (In-Fill c
Development Project) of the California
Environmental Quality Act.
Applicant: Joseph E. Bonadiman&Associates, Inc.
APN: 0265-191-17, 18 and 34 a
Ward: 4
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Recommended Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2016-022 forwarding a recommendation to the Mayor and Common 0
Council the adoption of the Categorical Exemption and approval of General Plan .2
Amendment 16-02 and Development Code Amendment/Zoning Map Amendment
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14-17, based on the Findings of Fact and subject to the recommended Conditions of
Approval. s
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Oliver Mujica, Planning Division Manager, gave a brief presentation of the project.
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The commissioners had questions regarding the project.
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Renee Mason, 665 W 4 Street, spoke in opposition.
Mareello DeBarros, 4694 North F Street, spoke in opposition.
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Rodney Lambert, 4532 North F Street, spoke in opposition. 9
Pat Perez, 4798 N F Street, spoke in opposition.
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Chris Petersen, 747 W 4 Street, spoke in opposition.
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Brandy Barbee, 4720 N F Street, spoke in opposition.
Edward Bonadiman, Joseph E. Bonadiman& Associates, took the opportunity to respond to
the concerns of the public.
The commissioners had additional questions for staff.
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Commissioner Durr made a motion to direct staff to prepare and return with of Resolution No. E
2016-022 forwaring a Resolution for the Mayor and Common Council recommending denial of (V
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General Plan Amendment 16-02, Development Code Amendment Zoning Map Amendment
14-17.
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Commissioner Eble seconded the motion.
The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Eble, and Earp.
Nays: None. Abstain: Paxton Excused: None. Absent: Barnhardt and Dailey.
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NON-PUBLIC HEARING ITEMS 0
None
PLANNING COMMISSION REPORTS/ANNOUNCEMENTS 0.
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None
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DIRECTOR'S REPORT
1. Status Report on Development Code Update Project E
2. Major Projects List L)
3. Third Thursday Food Fest
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4. Art Night
5. Introduction of Elizabeth Mora-Rodriguez as the New Assistant Planner r
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ADJOURNMENT a
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Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning
Commission meeting at 8:20 p.m. The next regular meeting was scheduled for Wednesday, o
May 18, 2016 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San
Bernardino, California. N
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Minutes Adopted by Planning Commissioners: Heasley, Durr, Machen, Lopez, Eble, Paxton °-
and Earp.
Date Approved: May 18, 2016 °D
Minutes Prepared by: Stephanie Sanchez o
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Stephanie Sanchez c
Executive Assistant CU
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of San Bernardino Mayor and Common Council will hold a public
hearing on Monday, July 18, 2016 at 4:00 p.m. in the Council Chambers, City Hall, 300 North "D"
Street, San Bernardino,California 92418,on the following items: ti
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GENERAL PLAN AMENDMENT 16-03, DEVELOPMENT CODE AMENDMENT/ZONING
MAP AMENDMENT 15-01, SUBDIVISION 15-02 (TENTATIVE PARCEL MAP 19648) AND N
CONDITIONAL USE PERMIT 15-09—A request to allow the change of the General Plan Land Use d
Designation and the Zoning District of a site containing approximately 11 acres from Residential Urban o
(RU) to Residential Medium (RM); the subdivision consolidating the existing parcels into four (4)
separate parcels; and, the development, establishment and operation of Mary's Mercy Center as a men's CZ
residential complex providing comprehensive on-site transitional housing, and medical,behavioral health, o
training and support services. The project site is located on the north side of Walnut Street between Pico
Avenue and San Marcos Street,within the Residential Urban(RU)zone.
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Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 of the
California Environmental Quality Act d
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Owner/Applicant: Mary's Mercy Center a
APN: 0137-051-07, 32 and 33; 0137-101-05 and 06; 0274-011-05, 14
and 28; 0274-022-01,02,03,04,05 and 06; 0274-023-08,09. 10 0
and 11; 0274-023-12 through 222; 0274-023-26 through 38; ..
0274-023-40, 41 and 43; 0274-024-06 through 13; and, 0274-
024-21
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GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT/ZONING f6 CL
MAP AMENDMENT 14-17 - A request to allow the change of the General Plan Land Use Designation 0
and the Zoning District from Residential Suburban(RS)to Residential Medium(RM)for three(3)parcels E
containing a total of approximately 3.57 acres in order to construct fifty-one(5 1)attached residential units ,i
within the unincorporated area of the City of San Bernardino. The project site is located at 4630 N. "F"
Street,within the Residential Suburban(RS)zone.
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Environmental Determination: Exempt from CEQA - pursuant to §15332 (In-Fill Development Q
Project)of the California Environmental Quality Act.
Owner: Chih Hung Wang
Applicant: Joseph E. Bonadiman&Associates,Inc.
APN: 0265-191-17, 18 and 34
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The Mayor and Common Council of the City of San Bernardino welcome your participation in evaluating
these items. The Mayor and Common Council will review the proposals and will consider the proposed v
environmental determinations in making its decisions. The public is welcome to speak at the public o
hearing or to submit written comments prior to the hearing. For more information, please contact the ti
Community Development Department at City Hall,or by phone at(909)384-5057.
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If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice, or in .2
written correspondence delivered to the City Planning Division at,or prior to,the public hearing.
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Submitted: July 5,2016
Publish: July 8,2016(Display ad)
Packet Pg. 672
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1 RESOLUTION NO. 97-275
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
1 "POLICY RELATIVE TO CONNECTION OF UNINCORPORATED PROPERTIES TO
3 THE CITY OF SAN BERNARDINO SEWAGE SYSTEM. "
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, AS FOLLOWS:
5 4
SECTION ONE: The "Policy Relative to Connection of
6 N
Unincorporated Properties to the City of San Bernardino Sewage v
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System, " is hereby adopted. A copy of said policy is attached
8
hereto, marked Exhibit "A" and incorporated herein by reference 9
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as fully as though set forth at length. a
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I7-15-97
Packet Pg. 673
97-275 RESO: ADOPTING POLICY RELATIVE TO CONNECTION OF' UNINCORPO
PROPERTIES TO THE CITY OF SAN BERNARDINO SEWAGE SYSTE .
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a joint regular meeting thereof, held on the
4 2nd day of September 1997 , by the following vote, to-wit:
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5 Council Members: AYES NAYS ABSTAIN ABSENT
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6 NEGRETE X N
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7 CURLIN x p
8 ARIAS x
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9 OBERHELMAN x ca
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10 DEVLIN x C7
11 ANDERSON %
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12 MILLER x _
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RacAej Clark, City Clerk =
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The foregoing resolution is hereby approved this T' a
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16 day of September 1997 . M
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Tom Minor, Mayor o
19 City of San Bernardino a
Approved as to form
20 and legal content: M
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21 James F. Penman
City Attorney N
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24 By Rd"V�
25 a
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- 2 -
Packet Pg. 674
97-275
POLICY RELATIVE TO CONNECTION
OF UNINCORPORATED PROPER'T'IES TO
THE CITY OF SAN BERNARDINO SEWAGE SYSTEM
PURPOSE:
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To establish a policy regulating the connection of parcels v
under the County' s jurisdiction to the City' s sewage system. Q
AUTHORITY: ^�
1 . Resolution No. 83-279 - - Provides that users located v
outside the incorporated territory of the City may receive
sewer services , subject to execution of a standard form
agreement. N
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2 . Resolution No. 89-510 - - Establishes a connection fee for a
an application to connect any property located outside the CL
corporate limits to the City public sewer, in the amount
of $1 ,000. 00 to recover the extra administrative cost. _
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3. Section 56133 of the Government Code --- Requires approval o
by the Local Agency Formation Commission for connection of >
a parcel within the County to a City ' s sewage or water o
system.
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BACKGROUND:
A policy was adopted by Resolution No. 83-279 for the
provision of sewer services to users located outside the City.
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The City' s Director of Public Works/City Engineer was y
authorized to execute a standard form agreement with any E
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prospective users, subject to verification by the Board of U-
Slater Commissioners, that sufficient sewer plant capacity was �
available. A copy of this standard form agreement is attached d
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for reference. o
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Section 55133 of the Government Code requires approval from Q
the Local Agency Formation Commission (LAFCO) for any County M
parcel to connect to a City' s sewage or water system. The U)
application fee for such approval is $2 ,600 .00. LAFCO re-- v
quires that the serving City indicate their concurrence with N
the request for connection, before accepting the fee and ti
processing the application. a)
For any development within an unincorporated island, the
County requires that the applicant contact the City to E
ascertain if sewer service can be provided. This requirement v
applies to existing single family residences wishing to a
replace a failed septic tank. In the event that sewer service
is not available (due to the lack of a sewer main or refusal
by the City to allow connection) the County will proceed to
issue a permit for a septic tank.
Exhibit "A"
Packet Pg.675
97-275
one concern cities typically have in allowing properties
outside their limits to connect to their sewer system, is that
the incentive for annexation is lost. Some cities have
addressed this concern by requiring the owner of a County
parcel to enter into an Irrevocable Agreement for Annexation,
in exchange for valuable consideration rendered -- namely
connection to the municipal sewage systera. This Agreement
would be recorded and become a covenant for future owners.
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These Agreements can be held until a majority within a certain
area is received, and then submit an application for annexa-
tion. N
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POLICY:
It is the policy of the City of San Bernardino to allow connec-
tion of County parcels to the City' s sewage system, subject to N
all of the following: 9
1 . Property is within the City' s Sphere of Influence. a
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2. Approval by the Local Agency Formation Commission.
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3 . Verification by the Board of water Commissioners that o
sufficient wastewater treatment plant capacity is available. CD
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4. Compliance with the land use established by the City' s
General Plan. M
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5. Execution by the owner of an Irrevocable Agreement for a
Annexation. (Copy is attached for reference)
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6. Compliance with all applicable City Standards for E
construction of sewer lateral ruins and appurtenant �i
facilities . -a
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7 . Payment of all established fees for -- s
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a. Sewer Plant Capacity
b. Sewer Line Connection Q
C. Public Works Permit m
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8 . Payment of an additional connection fee in the amount of 7T-
$1 ,000 to compensate the City for extra administrative costs ti
incurred. N
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97-275
IRREVOCABLE AGREEMENT TO ANNEX
THIS AGREEMENT, is entered into this day of
199_; by and between
_ , hereinafter referred to as "OWNER, " and
the City of San Bernardino, a municipal corporation, hereafter
referred to as "CITY. "
WITNESSETH: i''
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WHEREAS, OWNER holds title to the unincorporated Q
parcel (s) , located at _ N
California, and parcel (s) v
is (are) further described as follows: o
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Assessor' s Parcel Number (s)
and
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WHEREAS, this (these) parcel (s) is (are) within the =
Sphere of Influence of CITY; and
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WHEREAS, OWNER desires to obtain sewer service for said
parcel (s) ; and a
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WHEREAS, sewer service could be provided to said
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parcel (s) by connecting to the CITY' s sewage system; and "-
WHEREAS, CITY' s sewage system and wastewater treatment 3
plant have sufficient capacity to convey and treat the sewage o
generated by said parcel (s) ; and Q
WHEREAS, CITY is willing to allow connection of this
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(these) unincorporated parcel (s) to its sewage system, due to the le
expectation that said parcel (s) will be annexed to the City of ,n
San Bernardino at some future date, due to the fact that the N
parcel (s) is (are) within CITY' s Sphere of Influence. rn
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WHEREAS, the covenants and conditions set forth herein c
shall create an equitable servitude upon the parcel (s) , and shall 4)
be fully binding upon OWNER' s heirs, sucessors and assigns.
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NOW, THEREFORE, the parties hereto agree as follows: Q
EXHIBIT "A"
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Packet Pg. 677
97-275
6.B.h
SECTION ONE: OWNER Agrees - -
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a. To grant irrevocable consent to annex to the City of
San Bernardino at such time as the annexation may be properly
approved through appropriate legal proceedings, and owner does
1 further agree to provide all reasonable cooperation and
assistance to the CITY in the annexation proceedings. Said
cooperation is contemplated to include signing any applications
of consent prepared by the CITY, and submitting any evidence
reasonably within the control of OWNER to the various hearings
required for the annexation. Said cooperation does not include,
however, any obligation on behalf of OWNER to institute any ni
litigation of judicial proceeding whatsoever to force the v
annexation to the City of San Bernardino. o
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b. To pay such annexation fees and costs and other f0
municipal charges as would ordinarily be charged in the c
annexation of property to the CITY. Said fees shall be payable Q
when the same becomes due and payable. (In some circumstances, o.
these fees may be borne by CITY. ) 0
C. To pay all fees and charges and make all deposits E
required by CITY to connect to and use the sewer, and further o
agrees to be bound by all CITY ordinances , rules and regulations
respecting the sewage system. o
d. To acknowledge that execution of this Irrevocable
Agreement to Annex is on behalf of all future heirs, successors
and assigns; and that said Agreement shall be irrevocable without =
written consent of CITY. R
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e. To develop and maintain the subject parcel (s) in E
compliance with the land use established by the City' s General M
Plan.
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f. To comply with Section 13. 32. 080 , "Unlawful 3
Discharges" of the San Bernardino Municipal Code relating to 0
discharge of materials into CITY' s sewage system. Q
g. To hake application to the Local Agency Formation LO
Commission, and pay all applicable fees, for approval to connect d'
to CITY' s sewage system, pursuant to Section 56133 of the n
Government Code. ti
h. To execute a standard form Agreement (Sewer r'
Connection and Service) with CITY stipulating the terms and
conditions under which the connection shall be made and
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maintained. _
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ISECTION TWO: CITY Agrees --
a. To allow OWNER' s parcel (s) , described above, to
connect to the City of San Bernardino' s sewage system, subject to
payment of all applicable fees and permits.
2 - --
Packet Pg.678
97-275
SECTION THREE: Be it Mutually Agreed, as follows:
a. City Clerk for CITY shall record this Agreement with
the County Recorder.
b. The benefit to the subject parcel (s) will inure to i
the benefit of subsequent owners, their heirs , successors, and v
assigns, and the agreements, conditions, and covenants contained a
herein shall be binding upon them and upon the land. N
C. The approval granted to connect said parcels) to 0
City' s sewage is contingent upon OWNER securing approval from the a
Local Agency Formation Commission.
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Packet Pg.679
97-275
IRREVOCABLE AGREEMENT TO ANNEX:
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officials thereunto
duly authorized.
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OWNER CITY OF SAN BERNARDINO
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By By
Mayor N
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ATTEST: a.
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City Clerk
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Approved as to form D
and legal content: d
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James F. Penman f6
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City Attorney rn
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