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HomeMy WebLinkAbout06.A- Community Development 6.A RESOLUTION (ID # 4536) DOC ID: 4536 H CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 11/07/2016 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 Parcels Containing a Total of Approximately 3.57 Acres in Order to Construct a Planned Unit Development Comprised of 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. (At Meeting of July 18, 2016, Item Continued to September 6, 2016) (#4536) Current Business Registration Certificate: Not Applicable Financial Impact: There will be no fiscal impact as a result of this action. Motion: 1) Close the Public Hearing; 2) Adopt Resolution (please 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. Synopsis of Previous Council Action: This item was originally scheduled for the Mayor and Common Council meeting on July 18, 2016. At the request of the applicant, this item was removed from the agenda so that the applicant could meet with the residents of the Arrowhead Farms community. 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 2) Deny General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17, based upon the recommended Findings of Fact. Updated: 11/2/2016 by Georgeann "Gigi" Hanna H Packet Pg. 663 6.A 4536 Project Description: 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 Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 to allow: 1) 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 approximately 3.57 acres in order to construct a Planned Unit Development comprised of fifty-one (51) attached residential units within the sphere of influence of the unincorporated area of the City of San Bernardino. Analysis: County of San Bernardino Review - On April 9, 2008, the applicant submitted an application for Conditional Use Permit P2008-00253 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 (51) 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 Bernardino to proceed with the processing of their Conditional Use Permit P2008-00253 and Tentative Tract Map 17501, the applicant is required to obtain the approval of a General Plan Amendment and Development Code Amendment (Zoning Map Amendment) from the City of San Bernardino changing the General Plan Land Use Designation and Zoning District from Residential Suburban (RS) to Residential Medium High (RMH) so that the proposed fifty-one (51) residential unit PUD will comply with the allowable density. Land Use Regulations - 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 (51) residential unit PUD is fifteen (15) units per acre. 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 County of San Bernardino. Sewer Service - Pursuant to Resolution N. 97-275, adopted by the Mayor and Common Council on September 4, 1997, properties located outside of the incorporated territory of the City of San Bernardino may receive sewer services, subject to the execution of a Updated: 11/2/2016 by Georgeann "Gigi" Hanna H I Packet Pg. 664 4536 standard form 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. 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 property is annexed into the City of San Bernardino at some future time. Subsequently, in February 2014, the applicant submitted a Sewer Line Capacity Evaluation/Analysis to determine if the existing sewer line located on N. 1st Avenue to N. "F" Street from 48th Street to the main line at 40th Street has adequate capacity to allow the connection of the proposed fifty-one (51) residential unit PUD for proposed Tentative Tract Map 17501 to the 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. General Plan Amendment and Development Code Amendment (Zoning Map Amendment) - This request is only to change of the General Plan Land Use Designation and the Zoning District of the subject site and does not involve the actual approval of the proposed fifty-one (51) residential unit PUD. Should the Mayor and Common Council approve General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17, the County of San Bernardino will then be able to proceed with the processing of their respective Conditional Use Permit P2008-00253 and Tentative Tract Map 17501 application in order to allow the construction of the proposed fifty-one (51) residential unit PUD. Public Comments and Planning Commission Review - On April 20, 2016, the Planning Commission conducted a public hearing on General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17. During the 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. Upon the conclusion of the public testimony and after their deliberation, the Planning Commission was in concurrence that the increased density is not appropriate for this specific neighborhood. Thus, this item was continued to their meeting of May 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 Amendment. California Environmental Quality Act: In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 and concluded that General Plan Amendment and Development Code Amendment (Zoning Map Amendment) 14-17 is found to be exempt Updated: 11/2/2016 by Georgeann "Gigi" Hanna H I Packet Pg. 665 4536 under §15061(b)(2) (Review for Exemption) of CEQA. Pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical Exemption 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 applicable zoning district and regulations; 2) the proposed development is located on a site 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 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. Community Input: On October 10, 2016, the applicant held a meeting with residents of the Arrowhead Farms community to present the proposed project. There were 14 attendees of the 26 residents invited (please see Attachment 8). The comments included: 1) the perimeter wall should be eight (8) feet in height instead of six (6) feet; 2) "F" Street should be repaved from 44th Street to 48th Street; 3) verification whether or not a water easement exists on the west side of the project for Arrowhead Water Company; and, 4) confirmation that the site contains no habit for the red-tail hawk. On November 1, 2016, the Community Development Department received a letter of opposition from a resident of the Arrowhead Farms community (please see Attachment Updated: 11/2/2016 by Georgeann "Gigi" Hanna H I Packet Pg. 666 6.A 4536 - 9). W Is Conclusion: On May 18, 2016, the Planning Commission determined that the proposed project is not 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. City Attorney Review: This staff report and supporting documentation has been reviewed by the Deputy City Attorney, and accepted as to form. 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 Attachment 8: Arrowhead Farms community meeting sign-in sheet Attachment 9: Letter of Opposition, dated November 1, 2016 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) Attachment 8 - Arrowhead Farms Sign-In Sheet (PDF) Attachment 9 - Letter of Opposition (PDF) 1997-275 (PDF) Email from Jeff Weber (PDF) Updated: 11/2/2016 by Georgeann "Gigi" Hanna H Packet Pg. 667 6.A.a 1 RESOLUTION NO. ^ ti 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 DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-17 TO a 4 CHANGE OF THE GENERAL PLAN LAND USE DESIGNATION FROM o 5 RESIDENTIAL SUBURBAN TO RESIDENTIAL MEDIUM HIGH-20 AND THE _ 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 a- 8 RESIDENTIAL UNITS LOCATED AT 4630 N. "F" STREET (APN: 0265-191-17, 18 AND 34) WITHIN THE SPHERE OF INFLUENCE OF THE UNINCORPORATED E 9 AREA OF THE CITY OF SAN BERNARDINO. c as 10 WHEREAS, on October 9, 2014, pursuant to the requirements of Chapter 19.50 11 12 (General Plan Amendments), Chapter 19.42 (Development Code Amendments) and Chapter 13 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, an a 0) 14 application for General Plan Amendment 16-02 and Development Code Amendment (Zoning L_ cc U_ 15 Map Amendment) 14-17 was duly submitted by: 16 0 i 17 Property Owner: Chih Hung Wang a 4630 N. "F" Street M 18 San Bernardino, CA 92408 v 19 Project Applicant: Joseph E. Bonadiman&Associates, Inc. 20 234 N. Arrowhead Avenue o San Bernardino, CA 92408 d 21 ot 22 Parcel Address: 4630 N. "F" Street g APN: 0265-191-17, 18 and 34 23 Lot Area: 3.57 acres a E 24 WHEREAS, General Plan Amendment 16-02 and Development Code Amendment 0 25 (Zoning Map Amendment) 14-17 is a request to allow the change of the General Plan Land a _ 26 Use Designation from Residential Suburban to Residential Medium High-20 and the Zoning 27 U 28 District from Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for three i 1 (3) parcels containing a total of approximately 3.57 acres in order to construct a Planned Unit 2 Development comprised of fifty-one (51) attached residential units within the sphere of 4 a 3 influence of the unincorporated area of the City of San Bernardino; and N 4 a WHEREAS, on April 9, 2008, the applicant submitted an application for Conditional o 5 � Use Permit P2008-00253 and Tentative Tract Map 17501 to the County of San Bernardino to N 6 ° allow the construction of a Planned Unit Development (PUD) comprised of fifty-one (51) a 7 a c� 8 attached residential units. The subject 3.57-acre site is located within the sphere of influence d E 9 of the unincorporated area of the City of San Bernardino and is currently "pre-zoned" by the o as 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 12 13 Bernardino to proceed with the processing of their Conditional Use Permit P2008-00253 and a 14 Tentative Tract Map 17501 applications, the applicant is required to obtain the approval from E ca U_ 15 the City of San Bernardino for a General Plan Amendment and Development Code as 16 Amendment (Zoning Map Amendment) allowing the change of the General Plan Land Use c L 17 a Designation and Zoning District for the subject parcels from Residential Suburban (RS) to 18 Residential Medium High-20 (RMH-20) so that the proposed fifty-one (51) residential unit 19 0 20 PUD will comply with the allowable density; and o a� 21 WHEREAS, according to §82.04.060 (Residential Land Use District Site Planning U U 22 and Building Standards) of the County of San Bernardino Development Code, the allowable 23 density within the Medium Residential (RM) zone is twenty (20) units per acre, which allows 24 up to seventy-one (71) units for the subject site. The density on the subject site for the 25 a 26 proposed fifty-one (5 1) residential unit PUD is fifteen(15)units per acre; and E 27 WHEREAS, according to §19.04.030 (Development Standards) of the City of San U 28 Bernardino Development Code, the allowable density within the Residential Suburban (RS) 2 Packet Pg. 669 1 zone is 4.5 units per acre, which would allow up to a maximum of sixteen (16) residential ^ ti 2 units on the subject site. The requested Residential Medium High-20 (RMH-20) zone has an Q 3 allowable density of twenty(20)units per acre,which is consistent with the residential density N 4 a allowed by the Medium Residential (RM) zone of the County of San Bernardino; and o 5 � WHEREAS, pursuant to Resolution No. 97-275, adopted by the Mayor and Common N 6 0 W Council on September 4, 1997, properties located outside of the incorporated territory of the a a C7 8 City of San Bernardino may receive sewer services, subject to the execution of a standard a� E 9 form agreement. California Government Code§56133 also requires the approval by the Local c a� 10 Agency Formation Commission for connection of properties within the County to a City's o 11 sewer system; and 12 WHEREAS, on January 15, 2014, the applicant submitted an Application for Sewer 13 a 14 Services Outside of City Boundaries with the City's Public Works Department—Real Property E M U_ 15 Division to initiate the proceedings for the connection to the City's sewer system for the d 16 subject property which is located outside the boundaries of the City of San Bernardino, o L 17 a pursuant to California Government Code §56133. Under the terms of this application, the 18 Ln d' applicant has agreed that he will be required to execute an "Irrevocable Agreement to Annex" 19 0 20 in the event that the subject property is annexed into the City of San Bernardino at some c N a� 21 future time. Subsequently, in February 2014, the applicant submitted a Sewer Line Capacity U U 22 Evaluation/Analysis to determine if the existing sewer line located on N. 1 st Avenue to N. "F" r 23 Street from 48th Street to the main line at 40th Street has adequate capacity to allow the 24 connection of the proposed fifty-one (51) residential unit PUD for proposed Tentative Tract 25 a 26 Map 17501 to the existing sewer line. On April 21, 2014, the City Engineer of the City of San .; E 27 Bernardino approved the Sewer Line Capacity Evaluation/Analysis and its recommendations; M a 28 and 3 Packet Pg. 670 6.A.a 1 WHEREAS, General Plan Amendment 16-02 and Development Code Amendment ti 2 (Zoning Map Amendment) 14-17 is a request to only change of the General Plan Land Use 4 a 3 Designation from Residential Suburban to Residential Medium High-20 and the Zoning N a 4 District from Residential Suburban (RS) to Residential Medium High-20 (RMH-20) for the o 5 C subject site, and does not involve the actual approval of the proposed fifty-one (51) residential i° N 6 O 7 unit PUD; and a a 0 8 WHEREAS, the Planning Division of the Community Development Department has c d E 9 reviewed General Plan Amendment 16-02 and Development Code Amendment (Zoning Map c m 10 Amendment) 14-17 for consistency with the City of San Bernardino General Plan and o � 11 compliance with the City of San Bernardino Development Code; and 12 WHEREAS, pursuant to the requirements of §15060(c) of the California a 13 14 Environmental Quality Act, the Planning Division of the Community Development E LL 15 Department evaluated General Plan Amendment 16-02 and Development Code Amendment a� 16 (Zoning Map Amendment) 14-17; and o 17 a` WHEREAS, in accordance with §15060 (Preliminary Review) of the California 18 Ln Environmental Quality Act (CEQA), the Planning Division of the Community Development 19 0 20 Department conducted an environmental evaluation in connection with proposed General Plan 2 N N 21 Amendment 16-02 and Development Code Amendment(Zoning Map Amendment) 14-17 and U 22 concluded that General Plan Amendment 16-02 and Development Code Amendment (Zoning 23 Map Amendment) 14-17 is found to be exempt under §15061(b)(2) (Review for Exemption) s 24 of CEQA; and 25 a 26 WHEREAS, pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 E 27 Categorical Exemption consists of projects characterized as in-fill development projects u a 28 meeting the conditions contained within §15332 of CEQA. The Planning Division of the 4 Packet Pg. 671 6.A.a AF 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 r Q 3 is Categorically Exempt from CEQA pursuant to §15332 of the CEQA Guidelines due to the N a 4 fact that: 1) with the approval of General Plan Amendment 16-02 and Development Code o 5 � Amendment (Zoning Map Amendment) 14-17, the project would consistent the applicable N 6 ° 7 General Plan land use designation and all applicable General Plan policies as well as with the a a 0 8 applicable Zoning District, development standards and regulations, subject to the approval by d E 9 the Mayor and Common Council; 2) the proposed development is located on a site within the c 10 City's sphere of influence on less than five (5) acres; 3) Conditions of Approval would be o 11 imposed to alleviate potential impacts; 4) there are no additional potential significant 12 environmental impacts that may result from the proposed development of the Planned Unit C 13 a. 14 Development comprised of fifty-one (5 1) attached residential units; 5) an Administrative Draft E LL 15 Initial Study/Mitigated Negative Declaration has been prepared under the direction of the R d 16 County of San Bernardino for their respective Conditional Use Permit P2008-00253 and c 1 Tentative Tract Map 17501 application that will be completed and circulated during the 18 Ln CEQA-mandated public review period; and, 6) the Planning Division of the Community 19 .2 Development Department will have the opportunity to review and submit comments during o 20 N W 21 the CEQA-mandated public review period in order to minimize potential impacts to the U 22 surrounding area; and 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 Y 25 a Development and Environmental Review Committee reviewed the application and moved the 26 E 27 Categorical Exemption, General Plan Amendment 16-02 and Development Code Amendment 28 (Zoning Map Amendment) 14-17 to the Planning Commission for consideration; and 5 Packet Pg. 672 6.A.a 0` 1 WHEREAS, on April 20, 2016, pursuant to the requirements of §19.52.040 of the ^ 2 City of San Bernardino Development Code, the Planning Commission held the duly noticed 3 public hearing at which interested persons had an opportunity to testify in support of, or N 4 a opposition to the Categorical Exemption, General Plan Amendment 16-02 and Development o 5 Code Amendment (Zoning Map Amendment) 14-17, and at which meeting the Planning N 6 c cc Commission considered the Categorical Exemption, General Plan Amendment 16-02 and < a 8 Development Code Amendment(Zoning Map Amendment) 14-17; and aD E 9 WHEREAS, on April 20, 2016, during the duly noticed public hearing,residents from c d 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 12 13 proposed increased density and its potential impacts to the surrounding neighborhood and a 14 expressed their opposition to General Plan Amendment 16-02 and Development Code E U- 15 Amendment(Zoning Map Amendment) 14-17; and a� t 16 WHEREAS, on April 20, 2016, upon the conclusion of the public testimony during c a 1 the public hearing and after its deliberation, the Planning Commission concurred that the Ln 18 increased density is not appropriate for this specific neighborhood; and 19 0 WHEREAS, on April 20, 2016, upon the conclusion of the public hearing, the 20 N 21 Planning Commission continued Categorical Exemption, General Plan Amendment 16-02 and U U 22 Development Code Amendment (Zoning Map Amendment) 14-17 to their regularly scheduled r 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 25 ¢ 26 forwarding a recommendation of denial to the Mayor and Common Council; and E 27 WHEREAS, on May 18, 2016,pursuant to the requirements of§19.52.040 of the City U 28 of San Bernardino Development Code, the Planning Commission held the duly continued a 6 Packet Pg. 673 6.A.a 1 public hearing for the Categorical Exemption, General Plan Amendment 16-02 and 2 Development Code Amendment (Zoning Map Amendment) 14-17, and at which meeting the a 3 Planning Commission adopted Resolution No. 2016-022 recommending that the Mayor and N 4 a Common Council not adopt the Categorical Exemption and deny General Plan Amendment o 5 16-02 and Development Code Amendment(Zoning Map Amendment) 14-17; and N 6 9 WHEREAS, pursuant to the requirements of Chapters 19.36 and 19.42 of the City of a 7 a 8 San Bernardino Development Code, the Mayor and Common Council has the authority to take d E 9 action on the Categorical Exemption, General Plan Amendment 16-02 and Development Code c a� 10 Amendment(Zoning Map Amendment) 14-17; and o r ' 11 WHEREAS, notice of the July 18, 2016 public hearing for the Mayor and Common 12 c Council's consideration of the proposed Resolution was published in The Sun newspaper on cc 13 a 14 July 8, 2016, and was mailed to property owners within a 500 foot radius of the project site in E co 15 accordance with Development Code Chapter 19.52. t 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON o L 17 a COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Lo 18 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 19 0 20 are true and hereby adopt and incorporate them herein. c N d 21 SECTION 2. Findings of Fact — General Plan Amendment 1.6-02 and Development 0 22 2 Code Amendment (Zoning Map Amendment) 1 . 23 E 24 Finding No. 1: The proposed amendment is internally consistent with the General Plan. r 25 a Finding of Fact: The proposed General Plan Amendment and Development Code 26 27 Amendment (Zoning Map Amendment) would result in the change of 28 the General Plan Land Use Designation from Residential Suburban to a 7 Packet Pg. 674 6.A.a 1 Residential Medium High-20 and the Zoning District from Residential ti 2 Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3) a 3 parcels containing a total of approximately 3.57 acres within the sphere N 4 a of influence of the unincorporated area of the City of San Bernardino. c 5 Although the proposed General Plan Land Use Designation and Zoning N 6 ° to District of Residential Medium High-20 would be consistent with the Q 7 a 0 8 County of San Bernardino's General Plan Land Use Designation and as E 9 Zoning District of Medium Residential for the subject three (3) parcels, c 10 the proposed Residential Medium High-20 General Plan Land Use o w 11 Designation and Zoning District for the construction of a Planned Unit 12 Development comprised of fifty-one (51) attached residential units 13 a 14 would not be consistent with the existing "Residential Suburban" E LL 15 characteristics of the surrounding neighborhood which is predominantly 16 detached single family residential. Additionally, the City's General c 17 a Plan Land Use Element has pre-zoned the sphere of influence of this p M IS � specific unincorporated area of the City of San Bernardino as 19 0 Residential Suburban (RS) in order to maintain its detached single 20 N d 21 family residential character. Pursuant to the City's General Plan Land W U U 22 Use Element and §19.04.010(C) of the City's Development Code, the 23 Residential Suburban (RS) zone is intended to promote the a) 24 development of single family detached units in a suburban setting with r 25 a a minimum lot size of 7,200 square feet, and a maximum density of 4.5 26 E 27 units per net acre. Therefore, with a density of twenty (20) units per 0 28 acre which translates into up to seventy-one (71) units for the subject 8 Packet Pg. 675 6.A.a 1 site, proposed General Plan Amendment 16-02 and Development Code 2 Amendment (Zoning Map Amendment) 14-17 for the development of a a 3 fifty-one (51) unit attached single family residential Planned Unit "a 4 Development is not consistent with the City's General Plan. Finally, o 5 � allowing the approval of General Plan Amendment 16-02 and N 6 ° ca Development Code Amendment (Zoning Map Amendment) 14-17 Q 7 a 0 8 changing the General Plan Land Use Designation from Residential d E 9 Suburban to Residential Medium High-20 and the Zoning District from c d 10 Residential Suburban (RS) to Residential Medium High-20 (RMH-20) o 11 would establish a precedent for the approval of future similar attached M 12 Q C residential development projects thereby transforming the 13 a 14 neighborhood from its existing detached single family residential E U_ 15 character. 16 Finding No. 2: The proposed amendment would not be detrimental to the public ton 17 a interest, health, safety, convenience, or welfare of the City. 18 Finding of Fact: The proposed General Plan Amendment and Development Code 19 0 20 Amendment (Zoning Map Amendment) to change the General Plan o m 21 Land Use Designation from Residential Suburban to Residential v 22 Medium High-20 and the Zoning District from Residential Suburban r 23 (RS) to Residential Medium High-20 (RMH-20) for the subject three 24 (3) parcels containing a total of approximately 3.57 acres within the r 25 a 26 sphere of influence of the unincorporated area of the City of San E 27 Bernardino in order to facilitate the construction of a Planned Unit U a 28 Development comprised of fifty-one (51) attached residential units 9 if I Packet Pg. 676 6.A.a 1 would be detrimental to the public interest, health, safety, convenience, ti 2 or welfare of the City in that proposed attached multi-family residences a 3 would be developed within a neighborhood that is predominantly N 4 a comprised of detached single family residences. The City's General o 5 � Plan Land Use Element has pre-zoned the sphere of influence of this N 6 C specific unincorporated area of the City of San Bernardino as a 7 a 8 "Residential Suburban" in order to maintain its detached single family d E 9 residential character, as well as to protect its residents. With its c 10 established detached single family residential character, the existing o 11 neighborhood has been developed and maintained to specifically M 12 support detached single family residences. The development of such C 13 n. 14 proposed attached multi-family residences would generate an increased E LL 15 population beyond what has been contemplated by the City or planned W s 16 for by the City's General Plan which may result in unforeseen c L 17 a detrimental effects. Therefore, proposed General Plan Amendment 16- 18 Ln 02 and Development Code Amendment (Zoning Map Amendment) 14- 19 0 20 17 would be detrimental to the public interest, health, safety, c U) a� 21 convenience, or welfare of the City. U U 22 Finding No. 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 r 25 a Amendment (Zoning Map Amendment) to change the General Plan 26 27 Land Use Designation from Residential Suburban to Residential 28 Medium High-20 and the Zoning District from Residential Suburban 10 Packet Pg. 677 6.A.a 1 (RS) to Residential Medium High-20 (RMH-20) for the subject three r• 2 (3) parcels containing a total of approximately 3.57 acres within the a 3 sphere of influence of the unincorporated area of the City of San N 4 a Bernardino that is currently under-utilized will not maintain an o 5 appropriate balance of land uses due to the predominant detached single 6 C family residential character of the surrounding neighborhood. Pursuant Q 7 a c� 8 to the City's General Plan Land Use Element and §19.04.010(C) of the m E 9 City's Development Code, the Residential Suburban (RS) zone is o Z 10 intended to promote the development of single family detached units in o 11 = a suburban setting with a maximum density of 4.5 units per net acre. A D 12 density of twenty (20) units per acre which translates into up to 13 a 14 seventy-one (71) units for the subject site. Therefore, proposed General E LL 15 Plan Amendment 16-02 and Development Code Amendment (Zoning 16 Map Amendment) 14-17 for the development of a fifty-one (51) unit o 17 a attached single family residential Planned Unit Development would not LO M IS maintain the appropriate balance of land uses within the City. 19 0 Finding No. 4 The subject parcels are physically suitable (including but not limited to, 20 N 21 access, provision of utilities, compatibility with adjoining land uses, U U 22 and adjoining land uses, and absence of physical constraints) for the 23 requested land use designation and the anticipated land use Q 24 development. 25 a 26 Finding of Fact: The subject site is currently under-utilized which is only developed E 27 with a single-family residence. The proposed General Plan Amendment a 28 and Development Code Amendment (Zoning Map Amendment) would 11 Packet Pg. 678 6.A.a 1 facilitate the construction of a Planned Unit Development comprised of ^ ti 2 fifty-one (51) attached residential units with the on-site and off-site a 3 improvements. However, the City's General Plan Land Use Element N a 4 has pre-zoned the sphere of influence of this specific unincorporated o 5 = area of the City of San Bernardino as "Residential Suburban" in order N 6 W 7 to maintain its detached single family residential character and a a 8 compatibility with adjoining land uses, as well as to provide adequate d E 9 services. With its established detached single family residential c 0 10 character, the existing neighborhood has been developed and o 11 maintained to specifically support detached single family residences. M M 12 r_ The development of such proposed attached multi-family residences 13 a. 14 would generate an increased need to address conflicting land uses and E cc U_ 15 the need for services beyond what has been contemplated by the City or d 16 planned for by the City's General Plan which may result in unforeseen c 17 a effects. Therefore, proposed General Plan Amendment 16-02 and 18 Development Code Amendment (Zoning Map Amendment) 14-17 19 0 would not be physically suitable for the requested Residential Medium 2 20 y d 21 High-20 General Plan land use designation or the proposed land use U U 22 development. 23 SECTION 3. Compliance with the California Environmental Quality Act. 24 The Mayor and Common Council has independently reviewed, analyzed and exercised r 25 a 26 judgment in finding that General Plan Amendment 16-02 and Development Code Amendment E 27 (Zoning Map Amendment) 14-17 is not exempt under §15061(b)(2) (Review for Exemption) 0 a 28 12 Packet Pg. 679 6.A.a 1 of the California Environmental Quality Act (CEQA), pursuant to §15332 (In-Fill 2 Development Projects) of CEQA. 4 a 3 SECTION 4. —General Plan Amendment 16-02 and Development Code Amendment N 4 a (Zoning Map Amendment) 14-17 is hereby denied. o 5 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or N 6 0 7 clause or phrase in this Resolution or any part thereof is for any reason held to be a a 8 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision aD E 9 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any c 10 part thereof. The Mayor and Common Council hereby declares that it would have adopted o 11 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 12 W clauses, or phrases be declared unconstitutional, invalid, or ineffective. 13 a 14 HI E U_ 15 //I R 16 /// o L L 17 a 18 M LO 19 O 20 N d 21 U U 22 23 HI s 24 U/// 25 a 26 27 d 28 13 Packet Pg. 680 6.A.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA NOT ADOPTING A CATEGORICAL 2 EXEMPTION AND DENYING GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-17 TO Q 3 CHANGE OF THE GENERAL PLAN LAND USE DESIGNATION FROM 4 RESIDENTIAL SUBURBAN TO RESIDENTIAL MEDIUM HIGH-20 AND THE ZONING DISTRICT FROM RESIDENTIAL SUBURBAN (RS) TO RESIDENTIAL o 5 MEDIUM HIGH-20 (RMH-20) FOR THREE (3) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 3.57 ACRES IN ORDER TO CONSTRUCT A PLANNED N 6 UNIT DEVELOPMENT COMPRISED OF FIFTY-ONE (51) ATTACHED 9W 7 RESIDENTIAL UNITS LOCATED AT 4630 N. "F" STREET (APN: 0265-191-17, 18 a AND 34) WITHIN THE SPHERE OF INFLUENCE OF THE UNINCORPORATED a- 8 AREA OF THE CITY OF SAN BERNARDINO. a) E 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor o 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 13 MARQUEZ BARRIOS E 14 VALDIVIA U_ 15 SHORETT 16 0 NICKEL 17 RICHARD a 18 MULVIHILL 19 0 20 Georgeann Hanna, City Clerk 0 (A d 21 The foregoing Resolution is hereby approved this day of 12016. U U 22 23 E 24 R. CAREY DAVIS, Mayor U 25 Approved as to form: City of San Bernardino a Gary D. Saenz, City Attorney 26 s 27 By: Q 28 14 Packet Pg. 681 6.A.b RESOLUTION NO. 2016-022-PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR 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 CU RESIDENTIAL MEDIUM HIGH-20 AND THE ZONING DISTRICT FROM o RESIDENTIAL SUBURBAN (RS) TO RESIDENTIAL MEDIUM HIGH-20 (RMH-20) FOR THE DEVELOPMENT OF A FIFTY-ONE (51) aa.. RESIDENTIAL UNIT PLANNED UNIT DEVELOPMENT ON A SITE CONTAINING APPROXIMATELY 3.57 ACRES LOCATED AT 4630 N. "F" STREET (APN: 0265-191-17, 18 AND 34) WITHIN THE SPHERE OF Q INFLUENCE OF THE UNINCORPORATED AREA OF THE CITY OF SAN ° a� BERNARDINO. 0 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) 14-17 was duly submitted by: ° cc Property Owner: Chih Hung Wang U_ 4630 N."F" Street Ca San Bernardino, CA 92408 3 0 Project Applicant: Joseph E. Bonadiman& Associates, Inc. 234 N. Arrowhead Avenue M LO San Bernardino, CA 92408 N N Parcel Address: 4630 N. "F" Street ° APN: 0265-191-17, 18 and 34 0 Lot Area: 3.57 acres 0 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 W 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 (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) s attached residential units. The subject 3.57-acre site is located within the sphere of influence of the unincorporated area of the City of San Bernardino and is currently "pre-zoned" by the City's a 1 Packet Pg. 682 6.A.b General Plan with a General Plan Land Use Designation of Residential Suburban and Zoning 10 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 i::-. Map 17501 applications, the applicant is required to obtain the approval from the City of San 4 Bernardino 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 a for the subject parcels from Residential Suburban (RS) to Residential Medium High-20 (RMH- v 20) so that the proposed fifty-one (51) residential unit PUD will comply with the allowable ° density; and N O 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(71) 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 a 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. y WHEREAS, pursuant to Resolution No. 97-275, adopted by the Mayor and Common E Council on September 4, 1997, properties located outside of the incorporated territory of the City LL of San Bernardino may receive sewer services, subject to the execution of a standard form agreement. California Government Code §56133 also requires the approval by the Local Agency 3 Formation Commission for connection of properties within the County to a City's sewer system; and Q0 M WHEREAS, 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 N Division to initiate the proceedings for the connection to the City's sewer system for the subject 9 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 N 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 48h Street to the main line at 40`h Street has adequate capacity to allow the connection of the a proposed fifty-one (51) 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 V 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 2 Packet Pg. 683 6.A.b 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 Q WHEREAS, pursuant to the requirements of§15060(c) of the California Environmental N Quality Act, the Planning Division of the Community Development Department evaluated v General Plan Amendment 16-02 and Development Code Amendment(Zoning Map Amendment) o 14-17; and N O WHEREAS, in accordance with §15060 (Preliminary Review) of the California to r. Environmental Quality Act (CEQA), the Planning Division of the Community Development a Department conducted an environmental evaluation in connection with proposed General Plan 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 a Map Amendment) 14-17 is found to be exempt under §15061(b)(2) (Review for Exemption) of o CEQA; and > a� 0 WHEREAS, pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 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 cc 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 3 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 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 c 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 minimize potential impacts to the surrounding area; and oc U a 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 CO Amendment) 14-17 to the Planning Commission for consideration; and a� E r a 3 Packet Pg. 684 6.A.b 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 ti review and comment period; and T T 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 ¢ U 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 c Development Code Amendment(Zoning Map Amendment) 14-17 would be considered; and T WHEREAS, on April 20, 2016, pursuant to the requirements of§19.52.040 of the City 0 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 d considered the Categorical Exemption, General Plan Amendment 16-02 and Development Code o r 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 N 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 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 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 a recommendation of denial to the Mayor and Common Council; and 2 0 m WHEREAS, since this item was continued to a date specific no new public notification U was required; and a. 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 E on the Categorical Exemption, General Plan Amendment 16-02 and Development Code cc cc Amendment(Zoning Map Amendment) 14-17. a a� r ¢ 4 Packet Pg. 685 6.A.b NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: SECTION 1. ENVIRONMENTAL DETERMINATION: a 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 CZ 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. Q a SECTION 2. FINDINGS FOR GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 14-17: Q 0 Sections 19.42.050, 19.50.050 and 19.74.050 of the City of San Bernardino Development Code d require that General Plan Amendment and Development Code Amendment (Zoning Map ° Y 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: t° a. Finding No. 1: The proposed amendment is internally consistent with the General Plan. E U_ 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 Suburban (RS) to Residential Medium High-20 (RMH-20) for three (3) LO 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 q 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 (5 1) attached residential units would U 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 Ca (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) 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 Q 5 Packet Pg. 686 -a0rrrIM 6.A.b 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 iZ_ Development Code Amendment (Zoning Map Amendment) 14-17 for the 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 cc Suburban to Residential Medium High-20 and the Zoning District from c Residential Suburban (RS) to Residential Medium High-20 (RMH-20) 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. E Finding No. 2: The proposed amendment would not be detrimental to the public interest, o health, safety, convenience, or welfare of the City. a 0 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 a. 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 o unincorporated area of the City of San Bernardino in order to facilitate the LL 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 ° L attached multi-family residences would be developed within a Q neighborhood that is predominantly comprised of detached single family M 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 q 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 o detached single family residences. The development of such proposed ' 0 attached multi-family residences would generate an increased population beyond what has been contemplated by the City or planned for by the 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 Q r C N E V Q 6 Packet Pg. 687 6.A.b Finding No.3 The proposed amendment would maintain the appropriate balance of land uses within the City. r 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- a 20 and the Zoning District from Residential Suburban (RS) to Residential v 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- 9 utilized will not maintain an appropriate balance of land uses due to the predominant detached single family residential character of the a surrounding neighborhood. Pursuant to the City's General Plan Land Use Element and §19.04.010(C) of the City's Development Code, the 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 . within the City. L Finding No. 4 The subject parcels are physically suitable (including but not limited to, access, provision of utilities, compatibility with adjoining land uses, and 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 LO 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 pre-zoned the sphere of influence of this specific unincorporated area of 0 r 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 U established detached single family residential character, the existing n. 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 Q 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 d 7 Packet Pg. 688 Residential Medium High-20 General Plan land use designation or the proposed land use development. SECTION 3. PLANNING COMMISSION ACTION: 4 The Planning Commission hereby takes the following action: 1. Adoption of Planning Commission Resolution No. 2016-022 forwarding a recommendation that the Mayor and Common Council: C14 9 a. NOT ADOPT the Categorical Exemption 015332: In-Fill Development Projects) for General Plan Amendment 16-02 and Development Code Amendment (Zoning Map 0. 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 0 0- 0 Map Amendment) 14-17 based on the abovementioned Findings of Fact. > PASSED,APPROVED AND ADOPTED this 18"' clay of May 2016. E M U. e=ley, Chairman 0 San Bernardino Planning Commission Ln 04 ATTEST: 9 W C14 0 as Mark Persico, Planning Commission Secretary City of San Bernardino, California CL E tSf E 8 Packet Pg. 689 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 meeting thereof held on the 18'h day of May 2016, by the following vote, to wit: N AYES: Heasley, Machen, Lopez, Eble, Durr, Paxton and Earp NOES: None 9 ABSENT: Barnhardt and Dailey a. ABSTAIN: None E Q. 0 Steph ie Secretary 0�;;5%pnchez, Reco din Secreta-, City emardino, ta'fi mia a. (n E m U- -0 m 0 UI) 04 Cm 9 W O Cq r- 0 O 0 Q. C14 E 9 Packet Pg. 690 AGENDA ITEM #4 PLANNING COMMISSION STAFF REPORT a CITY OF SAN BERNARDINO PLANNING DIVISION N Q U CASE: General Plan Amendment 16-02 and Development Code Amendment/Zoning Map Amendment 14-17 HEARING DATE: May 18, 2016 N 0 WARD: 4 a OWNER/APPLICANT: a. Mary's Mercy Center 510 W. Citrus Edge Street Glendora, CA 91740 0 a� a� 0 REQUEST & LOCATION: c D 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 c (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 (51) attached residential units within the sphere of influence of the unincorporated area of LL the City of San Bernardino. The project site is located at 4630 N. "F" Street. a� APN: 0265-191-17, 18 and 34 c ZONE: Residential Suburban(RS) a co M STAFF RECOMMENDATION: The Planning Division of the Community Development Department recommends that the 7 Planning Commission adopt Resolution No. 2016-022 forwarding a recommendation that the Mayor and Common Council (please see Attachment A): ° CL m 1X 1. Not Adopt the Categorical Exemption (§15332: In-Fill Development Projects) for General Plan Amendment 16-02 and Development Code Amendment (Zoning Map W Amendment) 14-17, in accordance with §15270(a) of the California Environmental a Quality Act; and M c 2. Deny General Plan Amendment 16-02 and Development Code Amendment (Zoning Map E Amendment) 14-17 based on the Findings of Fact. a c d E r a Packet Pg. 691 GPA 16-02 and DCA/ZMA 14-17 Planning Commission Date:5.18.2016 Page 2 SUMMARY 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 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 c of approximately 3.57 acres in order to construct a Planned Unit Development comprised of c fifty-one (5 1) attached residential units within the sphere of influence of the unincorporated area c� of the City of San Bernardino (please see Attachment B). a 0 During the 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 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 ❑ appropriate for this specific neighborhood. Thus, this item was continued to the meeting of May 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 = Amendment(Zoning Map Amendment) 14-17. IL cn RECOMMENDATION E L M LL Staff recommends that the Planning Commission adopt Resolution No. 2016-022 forwarding a recommendation to the Mayor and Common Council not to adopt the Categorical Exemption and deny General Plan Amendment 16-02 and Development Code Amendment (Zoning Map o Amendment) 14-17 based on the Findings of Fact. Q` M Respectfully Submitted, Ln c� 00 LO t 0 Q m Oliver Mujica Planning Division Manager v a Approved for Distribution: M c 0 E s U f6 a+ r+ Q Mark Persico,AICP Community Development Director E 0 Attachments: A. Resolution No. 2016-022 B. Planning Commission Staff Report, dated April 20, 2016 Q Packet Pg. 692 6.A.d �BERNAR°�^6 Larry Heasley,Chair Lance Durr, Vice Chair Andrew Machen CITY OF SAN BERNARDINO m� Amelia S.Lopez Jim Eble COMMUNITYDEVELOPMENT DEPARTMENT �t O£D IN Barnhardt 300 North `D"Street, San Bernardino, California 92418 Kent Paxton Casey Dailey Phone:(909)384-7272 • Fax:(909)384-5155 N Steven Earp a U c c0 PLANNING COMMISSION ACTION MINUTES to MAY 18, 2016 Q a t9 MINUTES OF APRIL 20, 2016 c a� E EXTENSION OF TIME 16-03 a 0 m EXTENSION OF TIME 16-04 0 GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-17 CONDITIONAL USE PERMIT 16-04 a N E GENERAL PLAN AMENDMENT 15-02, DEVELOPMENT CODE �i AMENDMENT/ZONING MAP AMENDMENT 15-04, SUBDIVISION 15-05 AND DEVELOPMENT PERMIT TYPE-D 15-11 c 3 0 L DEVELOPMENT CODE STUDY SESSION a` �o M W) d' to 7 O r O N Y 3 U a v w c m E a r E Y a Page 1 of 7 05/18/2016 Packet Pg. 693 Chair Heasley called the meeting to order at 6:00 p.m. ti T Commissioner Earp led the flag salute. T a Commissioners Present: Heasley, Durr,Machen,Lopez, Eble, Paxton, and Earp. N Commissioners Excused: None. a U Commissioners Absent: Barnhardt and Dailey. Staff Present: Mark Persico, Community Development Director; Steven Graham, Deputy City Attorney; Oliver Mujica, Planning Division Manager; c Travis Martin, Associate Planner; Chantal Power, Assistant T Planner, Elizabeth Mora-Rodriguez, Assistant Planner; Stephanie a Sanchez,Planning Commission Secretary. c ADMINISTRATION OF OATH: E a 0 Stephanie Sanchez,Planning Commission Secretary administered the oath. a� 0 CONSENT AGENDA: c D +3 Mark Persico, Community Development Director, gave a brief presentation of the consent agenda. a. 1. Minutes of April 20,2016. Staff recommended approval of these minutes. E U- 2. EXTENSION OF TIME 16-03 - A request to allow a one (1) year extension of 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). LO '=3 M Address: North Side of Verdemont Drive, between Chestnut Avenue and Magnolia Avenue Zone: Residential Low (RL) Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous o Environmental Determination) of the California Environmental Quality Act. 3 c Owner: Verdemont Heights,LLC Applicant: Transtech av APN: 0261-011-02, 03 and 10; and, 0348-121-12 and 27 Ward: 5 c d Recommended Motion: Staff recommended that the Planning Commission adopt s Resolution No. 2016-020 adopting the Categorical Exemption for Extension of Time y 16-03 of Subdivision 05-01 for Tentative Tract Map 17367 and approving Extension a of Time 16-03 of Subdivision 05-01 for Tentative Tract Map 17367, subject to the recommended Conditions of Approval. E U a y Page 2 of 7 05/18/2016 a Packet Pg. 694 6.A.d 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 a 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 Environmental Quality uali Act. tD Owner: Secure Income Group a. Applicant: Love Engineering APN: 0142-151-11, 12 and 17; and 0142-361-08 Ward: 3 E a 0 am Recommended Motion: Staff recommended that the Planning Commission adopt '4 Resolution No. 2016-028 adopting the Categorical Exemption for Extension of Time ° 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. o. N 4. GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE E AMENDMENT/ZONING MAP AMENDMENT 14-17 - A request to allow the U_ 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) 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 a area of the City of San Bernardino. LO Address: 4630 N. "F" Street Zone: Residential Suburban (RS) 00 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. E APN: 0265-191-17, 18 and 34 0 Ward: 4 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 and Development Code Amendment/Zoning Map Amendment 14-17 and denial of a[ General Plan Amendment 16-02 and Development Code Amendment/Zoning Map Amendment 14-17,based on the Findings of Fact. E a `? Page 3 of 7 05/18/2016 Packet Pg. 695 i 6.A.d 5. CONDITIONAL USE PERMIT 16-04 — A request to allow the development, establishment and operation of the Newman Center for student meetings and r 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. U O Address: 2574 Kendall Drive = Zone: Residential Urban(RU) f° Environmental Determination: Exempt from CEQA — pursuant to §15332 (In-Fill c Development Project) of the California a Environmental Quality Act. a. c� Owner/Applicant:Diocese of San Bernardino APN: 0261-221-21 E Ward: 5 0 as 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 M Fact and subject to the recommended Conditions of Approval. a) _ a. Commissioner Paxton made a motion to approve the consent agenda. E E Commissioner Durr seconded the motion. u 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 a PUBLIC COMMENTS -ITEMS NOT ON AGENDA: to UJ No comments. to co 0 m a� c U a v c as E U �a a c m E s a Page 4 of 7 05/18/2016 Packet Pg. 696 6.A.d PUBLIC HEARINGS: T I 6. GENERAL PLAN AMENDMENT 15-02, DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 15-04, SUBDIVISION 15-05 AND DEVELOPMENT PERMIT TYPE-D 15-11 A request to allow the change a 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, the development and establishment of an industrial warehouse building containing 9 approximately 564,652 and the required on-site and off-site improvements. a a Address: Southwest Corner of Waterman Avenue and Dumas Street a { Zone: Industrial Light (IL), Office Industrial Park (OIP) c and Public-Commercial Recreation(PCR) Environmental Determination: Mitigated Negative Declaration-pursuant to §15074 0 (Adoption of a Mitigated Negative Declaration) of the California Environmental Quality Act. Owner/Applicant: Newcastle Partners a APN: 0141-431-01, 02, 03, 04, 08, 09, 10, 11, 12, 16, 20, m and 21 a. Ward: 3 E L U. Recommended Motion: Staff recommended that the Planning Commission adopt a Resolution No. 2016-030 forwarding a recommendation to the Mayor and Common c Council the adoption of the Mitigated Negative Declaration for General Plan o Amendment 15-02, Development Code Amendment (Zoning Map Amendment) 15- a 04, Subdivision 15-05 and Development Permit Type-D 15-11 and approval of General Plan Amendment 15-02, Development Code Amendment (Zoning Map Ln Amendment) 15-04, Subdivision 15-05 and Development Permit Type-D 15-11, based on the Findings of Fact and subject to the recommended Conditions of 7 Approval. 7 Ln 0 m Travis Martin,Associate Planner,gave a brief presentation of the project. c The Commissioners had questions regarding the project. a Jackson Smith, Newcastle Partners, gave a short presentation on the project and answered questions. E A new condition was added to the project: a Land Development: Traffic Requirements d. The proposed left turn pocket and right turn lane on Waterman Avenue shall be constructed of P.C.C. 0 _ Q Page 5 of 7 05/18/2016 Packet Pg. 697 6.A.d ".I i Commissioner Eble made a motion to adopt Resolution No. 2016-030 forwarding a a recommendation to the Mayor and Common Council the adoption of the Mitigated Negative r Declaration for General Plan Amendment 15-02, Development Code Amendment (Zoning Map 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. N Commissioner Durr seconded the motion. 9 a The motion carried by the following vote: Ayes: Heasley, Machen, Paxton, Lopez, Durr and a Earp. Nays:None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey. CD E a 0 a� NON-PUBLIC HEARING ITEMS: a 0 7. STUDY SESSION—Comprehensive Development Code Update. C Travis Martin,Associate Planner,gave a presentation on the Development Code Update. a N The Commissioners had questions regarding the Development Code Update. E cc LL PLANNING COMMISSION REPORTS/ANNOUNCEMENTS: 3 0 NONE L a DIRECTOR'S REPORT: LO �r 1. Major Projects List 2. Third Thursday Food Fest T- 3. Art Night "' 0 N N 7 ADJOURNMENT: E Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning a 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 a Bernardino, California. E U Q c aD E z U Q Page 6 of 7 05/18/2016 Packet Pg. 698 6.A.d Minutes Adopted by Planning Commissioners: Heasley, Durr, Machen, Lopez, Eble, Paxton, and Earp. r Date Approved: June 15, 2016 Minutes Prepared by: Stephanie Sanchez g N a U c c� N O CLtD r Q Stephanie Sanchez Executive Assistant c CD E CL 0 a� > a� 0 �a (D c c a N E L LL .a N .0 3 0 L L Q M lA d' tp r O r LO O to G U a c a� E a c m E U w Q Page 7 of 7 05/18/2016 Packet Pg. 699 AGENDA ITEM #10 PLANNING COMMISSION STAFF REPORT 4 a CITY OF SAN BERNARDINO PLANNING DIVISION N Q U CASE: General Plan Amendment 16-02 and Development Code Amendment/Zoning Map Amendment 14-17 co N HEARING DATE: April 20, 2016 WARD: 4 Q OWNER/APPLICANT: a Mary's Mercy Center 510 W. Citrus Edge Street Glendora, CA 91740 0 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 D (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 of San Bernardino. The project site is located at 4630 N. "F" Street. a. N E A000k APN: 0265-191-17, 18 and 34 M ZONE: Residential Suburban(RS) a STAFF RECOMMENDATION: o L L a 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): 1. Adopt the Categorical Exemption (§15332: In-Fill Development Projects) for General N Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17, in accordance with§15061(b)(2) of the California Environmental Quality Act; and Q a 2. Approve General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 based on the Findings of Fact and subject to the recommended Conditions of Approval. a _ a E U a E U 2 -r a y� Packet Pg. 700 GPA 16-02 and DCA/ZMA 14-17 Planning Commission Date:4.20.2016 Page 2 BACKGROUND 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. a 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 o application and moved the Categorical Exemption, General Plan Amendment 16-02 and Development Code Amendment (Zoning Map a Amendment) 14-17 to the Planning Commission for consideration. 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 c of the exterior boundaries of the subject property, providing the nature of a the request, location of the property, the date, time, and place of the ❑ Planning Commission meeting of April 20, 2016 for the Categorical Exemption, General Plan Amendment 16-02 and Development Code Amendment(Zoning Map Amendment) 14-17. _ c �a PROJECT DESCRIPTION N E Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 U_ (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 a 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 LO comprised of fifty-one (5 1) attached residential units within the sphere of influence of the S unincorporated area of the City of San Bernardino (please see Attachment D). c N SETTING& SITE CHARACTERISTICS o Q. 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 overall project site is currently occupied by an existing single family residence but is a 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. E a d E a Packet Pg. 701 GPA 16-02 and DCAIZMA 14-17 Planning Commission Date:4.20.2016 Page 3 Q 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 ° c East Single Family Residential Residential Suburban(RS) Residential Suburban N 0 West Vacant Residential Suburban(RS) Residential Suburban G a CD ANALYSIS w E CL County of San Bernardino Review o 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 ° w construction of a Planned Unit Development (PUD) comprised of fifty-one (51) 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 f° 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 L Development Code Amendment (Zoning Map Amendment) from the City of San Bernardino U. changing the General Plan Land Use Designation and Zoning District from Residential Suburban (RS) to Residential Medium High (RMH) so that the proposed fifty-one (51) residential unit 3 PUD will comply with the allowable density. ° L Q Table 2 below provides a summary of the County's surrounding General Plan and Zoning, as well as the land use characteristics, of the subject site and surrounding properties. v TABLE 2: SITE AND SURROUNDING LAND USES o LOCATION LAND USE ZONE GENERAL PLAN DESIGNATION o Site Single Family/Vacant Medium Residential RM Medium Residential North Single Family Residential Medium Residential(RM) Medium Residential South Multi-Family Residential Medium Residential(RM) Medium Residential U) U East Single Family Residential Low Residential(RL) Low Residential a LO West Vacant Medium Residential(RM) Medium Residential E Land Use Regulations Q 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. a Packet Pg. 702 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 v Bernardino. c Sewer Service c Pursuant to Resolution N. 97-275, adopted by the Mayor and Common Council on September 4, co 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 0 Accordingly, on January 15, 2014, the applicant submitted an Application for Sewer Services a Outside of City Boundaries with the City's Public Works Department — Real Property Division o 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 10 property is annexed into the City of San Bernardino at some future time. Subsequently, in . 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 ti line at 40th Street has adequate capacity to allow the connection of the proposed fifty-one (51) 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 Evaluation/Analysis and its recommendations. a` c� General Plan Amendment and Development Code Amendment(Zoning Map Amendment) 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 a such approval, the County of San Bernardino will then proceed with the processing of their Cn respective Conditional Use Permit P2008-00253 and Tentative Tract Map 17501 application in a order to allow the construction of the proposed fifty-one (5 1) residential unit PUD. C a� During the processing of Conditional Use Permit P2008-00253 and Tentative Tract Map 17501 by the County of San Bernardino, the City's Planning Division will review and comment on the Y County's documentation and Initial Study/Mitigated Negative Declaration during the public a review period in order to minimize potential impacts to the surrounding area. As such, the following Condition of Approval has been included: E U Q Packet Pg. 703 GPA 16-02 and DCAIZMA 14-17 Planning Commission Date:4.20.2016 Page 5 ✓ The applicant and/or property owner shall inform the Planning Division of any public 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 a that the Planning Division has adequate time to comment. (please see Condition of N Approval No. 2) a U CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act o (CEQA), the Planning Division conducted an environmental evaluation in connection with to 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 0 Amendment (Zoning Map Amendment) 14-17 is found to be exempt under §15061(b)(2) (Review for Exemption) of CEQA. E CL O Pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical Exemption consists of projects characterized as in-fill development projects meeting the conditions o 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 c Development Code Amendment (Zoning Map Amendment) 14-17, the project is consistent the y 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 3 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 LO 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 c 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 o 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 U of this Staff Report. a On March 10, 2016, the Development and Environmental Review Committee reviewed the application and Environmental Determination of the Planning Division, and moved the E Categorically Exempt pursuant to §15332 (In-Fill Development Projects) of CEQA and General r Plan Amendment 16-02 and Development Code Amendment 14-17 to the Planning Commission d for consideration. E a Packet Pg. 704 GPA 16-02 and DCA/ZMA 14-17 Planning Commission Date:4.20.2016 Page 6 RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2016-022 forwarding 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 Map Amendment) 14-17, based on the Findings of Fact and subject to the recommended o Conditions of Approval. N O Respectfully Submitted, Q a c E _ 0- 0 a� m O 'c D Oliver Mujica Planning Division Manager a E LOON L Approved for Distribution: Li �o a� s 3 0 L L a M In t0 Mark Persico,AICP 0 Community Development Director t Attachments: A. Resolution No. 2016-022 0- a� B. Aerial Map C. Location Map D. Proposed Site Plan v E. Administrative Draft Initial Study/Mitigated Negative Declaration a F. Resolution No. 97-275 Ln c Q E U a+ Q r-+ C N E Z U Q Packet Pg. 705 6.A.f �eEBNAR°j� Larry Heasley,Chair Lance Durr, Vice Chair } Andrew Machen CITY OF ICAN BERNARDINO ti i Amelia S.Lopez xi JFO Jim Eble COMMUNITY DEVELOPMENT DEPARTMENT G'YOpp IN�0 Dustin Barnhardt 300 North "D"Street San Bernardino, California 92418 Kent Paxton v Casey Dailey Phone:(909)384-7272 • Fax:(909)384-5155 N Steven Earp a U _ O _ M PLANNING COMMISSION ACTION MINUTES o APRIL 20, 2016 a a 4 t9 MINUTES OF FEBRUARY 17, 2016 f c aD MINUTES OF MARCH 16, 2016 C EXTENSION OF TIME 16-01 0 r EXTENSION OF TIME 16-02 a� EXTENSION OF TIME 16-03 a VARIANCE 16-01 E L M UL DEVELOPMENT CODE AMENDMENT 16-02 AND CONDITIONAL USE PERMIT 16-03 3 0 GENERAL PLAN AMENDMENT 16-03, DEVELOPMENT CODE AMENDMENT / a ZONING MAP AMENDMENT 15-01, SUBDIVISION 15-02, AND CONDITIONAL USE to PERMIT 15-09 Ln DEVELOPMENT PERMIT TYPE-P 15-03 0 N GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT / c ZONING MAP AMENDMENT 14-17 _ U G. ca _ _ m E t v _ Q _ E t v x Q Page 1 of 9 04/20/2016 Packet Pg. 706 6.A.f Chair Heasley called the meeting to order at 6:00 p.m. Commissioner Lopez led the flag salute. 4 Q Present: Commissioners: Heasley, Duff,Machen, Lopez, Eble, Paxton, and Earp. N Excused: None. Absent: Barnhardt and Dailey. Staff present: Mark Persico, Community Development Director; Steven Graham, Deputy City p Attorney; Oliver Mujica, Planning Division Manager; Travis Martin, Assistant Planner; Chantal Power, Assistant Planner; Elizabeth Mora-Rodriguez, Assistant Planner and Stephanie Sanchez, c Planning Commission Secretary. a a ADMINISTRATION OF OATH c Stephanie Sanchez,Planning Commission Secretary administered the oath. CL CONSENT AGENDA: v Mark Persico, Community Development Director, gave a brief presentation of the consent agenda. D 3 � 1. Minutes of February 17, 2016. Staff recommended approval of these minutes. a 2. Minutes of March 16, 2016. Staff recommended approval of these minutes. E U. o� 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. M Address: Meyers Road and Little League Drive v Zone: Residential Estate(RE) and Residential Low (RL) 7 Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous N Environmental Determination) of the California Environmental Quality Act. a Applicant: GFR Enterprises,Inc./SB 17329, LLC APN: 0261-031-1 and 10; 0261-062-11, 12, 13 and 14; 3 and, 0348-111-13 and 14 a Ward: 5 c Recommended Motion: Staff recommended that the Planning Commission adopt h Categorical Exem tion for Extension of Time 2016-019 ado tin the = Resolution No. adopting Exemption 16-01 of Subdivision 05-40 for Tentative Tract Map 17329 and approving Extension r of Time 16-01 of Subdivision 05-40 for Tentative Tract Map 17329, subject to the Q recommended Conditions of Approval. E U Q Page 2 of 9 04/20/2016 Packet Pg. 707 6.A.f 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 r 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 a Address: Northwest Corner of Foothill Boulevard and U ° Macy Street Zone: Residential Medium (RM), Residential Suburban N (RS), and Commercial General-1(CG-1) Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous a Environmental Determination) of the California a. Environmental Quality Act. u Applicant: Santiago Foothill Estates E APN: 0142-041-04 ° Ward: 6 ° ° Recommended Motion: Staff recommended that the Planning Commission adopt ° Resolution No. 2016-013 adopting the Categorical Exemption for Extension of Time 16-02 of Subdivision 04-23 for Tentative Tract Map 17170 and approving Extension CD of Time 16-02 of Subdivision 04-23 for Tentative Tract Map 17170, subject to the recommended Conditions of Approval. a. N E 5. EXTENSION OF TIME 16-03 - A request to allow a one (1) year extension of CU time for Subdivision 05-01 for Tentative Tract Map 17367 involving the subdivision 'a of a parcel containing approximately 64.9 acres into sixty-nine (69) separate parcels CD (66 single family residential lots, 2 open space lettered lots, and one remainder lot). o L L Address: North Side of Verdemont Avenue, East of Palm a Avenue M tt') Zone: Residential Low (RL) Environmental Determination: Exempt from CEQA — pursuant to §15162 (Previous Environmental Determination) of the California N Environmental Quality Act. c Applicant: Verdemont Heights, LLC APN: 0261-011-02, 03 and 10; and,0348-121-12 and 27 Ward: 6 U Recommended Motion: Staff recommended that this item be removed from the ° agenda and re-noticed to reflect the correct property location. Q E s 6. VARIANCE 16-01 - A request to allow the construction of a sixteen(16) foot high wall feature to exceed the maximum permitted height of ten(10) feet for an existing multi-tenant a industrial development. E Address: 184 W. Caroline Street Zone: Commercial Regional (CR-3) w Q Page 3 of 9 04/20/2016 Packet Pg. 708 6.A.f Environmental Determination: Exempt from CEQA — pursuant to §15303 (New Construction of Small Structures) of the California r Environmental Quality Act. `t Applicant: Douglas Jones APN: 0164-321-84 a Ward: 3 0 Recommended Motion: Staff recommended that the Planning Commission adopt M Resolution No. 2016-016 adopting the Categorical Exemption for Variance 16-01 T and approving Variance 16-01, based on the Findings of Fact and subject to the to recommended Conditions of Approval. a. 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. a 0 Commissioner Paxton made a motion to approve the consent agenda. 0 Commissioner Eble seconded the motion. The motion carried by the following vote: Ayes: Heasley, Duff, Machen, Lopez, Eble, Paxton and Earp.Nays: None. Abstain: None. Excused: None. Absent: Barnhardt and Dailey. M a. 0 PUBLIC COMMENTS -ITEMS NOT ON AGENDA E M U. No comments. w PUBLIC HEARINGS 3 0 L L 7. DEVELOPMENT CODE AMENDMENT 16-02 AND CONDITIONAL USE a PERMIT 16-03 — A request to amend §19.22.080 (Off-Site Signs) and allow the LO installation and operation of a freestanding freeway-oriented electronic message center sign, on a parcel containing approximately 3.40 acres. 0 Address: 1630 S. "E" Street c Zone: Commercial General (CG-1) Environmental Determination: Exempt from CEQA - pursuant to §15332 (In-Fill _ Development Project) of the California Environmental Quality Act. a Owner: E Street Holdings,LLC Applicant: Lamar Central Outdoor,LLC APN: 0141-253-02 Ward: 3 .0 Recommended Motion: Staff recommended that the Planning Commission adopt 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 r of Fact and subject to the recommended Conditions of Approval. Q Page 4 of 9 04/20/2016 Packet Pg. 709 mkvs l 6.A.f Oliver Mujica, Planning Division Manager, gave a brief presentation of the project. T Brian Smith, Lamar Advertising, 24541 Redlands Boulevard., made a short statement `" regarding the project. N a The commissioners had questions regarding the project. o _ Commissioner Durr made a motion to adopt Resolution No. 2016-015 forwarding a M N recommendation to the Mayor and Common Council the adoption of the Categorical Exemption and approval of Development Code Amendment 16-02 and Conditional Use to Permit 16-03, based on the Findings of Fact and subject to the recommended Conditions of a. t� Approval. c m Commissioner Eble seconded the motion. o a� The motion carried by the following vote: Ayes: Durr, Machen, Lopez, Eble, Paxton and Earp. o Nays: Heasley. Abstain: None. Excused: None. Absent: Barnhardt and Dailey. aD c 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 U. approximately 11.02 acres from Residential Urban (RU) to Residential Medium 0 (RM); the subdivision consolidating the existing parcels into four (4) separate 3 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. M Address: North side of Walnut Street between Pico Avenue and San Marcos Street 7 Zone: Residential Urban(RU) N Environmental Determination: Mitigated Negative Declaration -pursuant to §15074 0 of the California Environmental Quality Act. Applicant: Mary's Mercy Center APN: 0274-022-01 Ward: 3 a 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 Plan Amendment 16-03, Development Code Amendment(Zoning Map Amendment) a 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 E Approval. a Page 5 of 9 04/20/2016 Packet Pg. 710 6.A.f Oliver Mujica, Planning Division Manager,gave a brief presentation of the project. Terry Kent, Mary's Mercy Center,made a short statement regarding the project. a g Mike Hein,Mary's Mercy Center, made a short statement regarding the project. a U O The commissioners had questions regarding the project. N There was an added condition for the project: a • Phase 1 shall have a maximum of 85 residents, and the overall project shall have a maximum of 115 residents. C W Commissioner Paxton made a motion to adopt Resolution No. 2016-014 forwarding a o 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 D Conditions of Approval. c Commissioner Machen seconded the motion. a. N E L The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Paxton and Earp. ,cc s Nays: Eble and Durr. Abstain: None. Excused: None. Absent: Barnhardt and Dailey. a a� o 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 to Address: 957 W. Reece Street o Zone: Commercial Heavy(CH) N Environmental Determination: Exempt from CEQA — pursuant to §15301 (Existing Facilities)of the California Environmental Quality Act. a? Applicant: Brickley Environmental c APN: 0144-232-31; and, 0144-222-47 and 52 Ward: 1 a. cc 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. a c Chantal Power,Assistant Planner, gave a brief presentation of the project. s w a Page 6 of 9 04/20/2016 Packet Pg. 711 6.A.f Edward Bonadiman, Joseph E. Bonadiman & Associates, made a short statement regarding the project and made several inquiries as to the conditions on the project. r 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 a 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 c Bernardino County." Retention basins are not acceptable.* a 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 0 d 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. c c M a N E C 10. GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE a AMENDMENT/ZONING MAP AMENDMENT 14-17 - A request to allow the Z 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) c parcels containing a total of approximately 3.57 acres in order to construct fifty-one a (51) attached residential units within the sphere of influence of the unincorporated �o area of the City of San Bernardino. Address: 4630 N. "F" Street Zone: Residential Suburban (RS) N Environmental Determination: Exempt from CEQA - pursuant to §15332 (In-Fill Development Project) of the California Environmental Quality Act. Applicant: Joseph E. Bonadiman&Associates, Inc. APN: 0265-191-17, 18 and 34 a Ward: 4 ' Recommended Motion: Staff recommended that the Planning Commission adopt E Resolution No. 2016-022 forwarding a recommendation to the Mayor and Common Council the adoption of the Categorical Exemption and approval of General Plan a Amendment 16-02 and Development Code Amendment/Zoning Map Amendment 14-17, based on the Findings of Fact and subject to the recommended Conditions of Approval. r AWMIL IL i Page 7 of 9 04/20/2016 Packet Pg. 712 6.A.f Oliver Mujica, Planning Division Manager,gave a brief presentation of the project. ' T The commissioners had questions regarding the project. a Renee Mason, 665 W 48th Street, spoke in opposition. a U Marcello DeBarros, 4694 North F Street, spoke in opposition. _ N Rodney Lambert, 4532 North F Street, spoke in opposition. 9 T a Pat Perez, 4798 N F Street, spoke in opposition. Chris Petersen, 747 W 48th Street, spoke in opposition. a CL 0 Brandy Barbee, 4720 N F Street, spoke in opposition. at 0 Edward Bonadiman,Joseph E. Bonadiman&Associates,took the opportunity to respond to the concerns of the public. D a� c The commissioners had additional questions for staff. a 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 LL General Plan Amendment 16-02, Development Code Amendment / Zoning Map Amendment CZ 14-17. s 3 0 L Commissioner Eble seconded the motion. a` �n The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Eble, and Earp. LO Nays: None. Abstain: Paxton Excused: None. Absent: Barnhardt and Dailey. to T 0 N NON-PUBLIC HEARING ITEMS o N d None c PLANNING COMMISSION REPORTS/ANNOUNCEMENTS a None c a E m DIRECTOR'S REPORT a u c 1. Status Report on Development Code Update Project 2. Major Projects List CU 3. Third Thursday Food Fest a Page 8 of 9 04/20/2016 Packet Pg. 713 .rrr�rr�, 6.A.f 4. Art Night 5. Introduction of Elizabeth Mora-Rodriguez as the New Assistant Planner v ADJOURNMENT N Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning v 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 O cC Q Minutes Adopted by Planning Commissioners: Heasley, Durr, Machen, Lopez, Eble, Paxton a and Earp. Date Approved: May 18, 2016 Minutes Prepared by: Stephanie Sanchez o d d 0 Stephanie Sanchez Executive Assistant a E L UL Q� s 3 0 L L a M O to O N O N N a-. C U a c E t M a Y E U t0 V Q Page 9 of 9 04/20/2016 Packet Pg. 714 6.A.g 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,November 7,2016 at 4:00 p.m. in the Council Chambers,City Hall, 300 North"D" Street, San Bernardino,California 92418,on the following items: r: GENERAL PLAN AMENDMENT 16-02 AND DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-17-A request to allow the change of the General Plan Land Use Designation N and the Zoning District from Residential Suburban(RS)to Residential Medium(RM) for three(3)parcels a containing a total of approximately 3.57 acres in order to construct fifty-one(5 1)attached residential units o within the unincorporated area of the City of San Bernardino. The project site is located at 4630 N. "F" .a Street,within the Residential Suburban(RS)zone. ,=c N O i Environmental Determination: Exempt from CEQA - pursuant to §15332 (In-Fill Development to Project)of the California Environmental Quality Act. a Owner: Chih Hung Wang Applicant: Joseph E. Bonadiman&Associates,Inc. APN: 0265-191-17, 18 and 34 CL The Mayor and Common Council of the City of San Bernardino welcome your participation in evaluating d these items. The Mayor and Common Council will review the proposals and will consider the proposed o environmental determinations in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the = Community Development Department at City Hall,or by phone at(909) 384-5057. c 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 a. written correspondence delivered to the City Planning Division at,or prior to,the public hearing. E M U_ Submitted: October 25,2016 Publish: October 28,2016(Display ad) o L L a Please send first proof for verification or changes by e-mail to Stephanie Sanchez: , Ln Sanchez Stephanie( sbcity.org. Please reference "MCC Display Ad" on the billing and send to the City of San Bernardino,Planning Division, 300 North"D"Street, San Bernardino,CA 92418 a a - o E U a+ .v a c E U R a Packet Pg. 715 -/D a N CL O CL a w+,lje.c`k"___` CL LO eTe d 0 -- ---- o _-- s -- T7ZO--- _ € _ 3 cl 4 -- Q co CO SA c) d _ // Q d Packet Pg. 716 LPL &MaVed ECEIVE NOV 2016 D r 4 — / --29'— �a/6 3 CD rt rt __ tD 0 _o , moon O� O 7 � W D 6y Z S ry ann "fete Q' in 6?O . Q f C o ' .. .� < z f s W zoo, Wal dr AFA 46� NIT- N O � r v D L ' rbr•g SQL 'fd Ia)hed CD raD r. n s o — o _ 0 W D 0 m i CL 3 m a c < � o c(o CLD 0 N ai _ o N D t •p 1 RESOLUTION NO. 97-275 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE "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: r ! 5 I SECTION ONE: The "Policy Relative to Connection of < G N Unincorporated Properties to the City of San Bernardino Sewage U 7 0 System, " is hereby adopted. A copy of said policy is attached = 8 hereto, marked Exhibit "A" and incorporated herein by reference .7 r as fully as though set forth at length. a 10 11 E 12 13 14 15 16 E 17 UL 18 3 19 a 20 LO 21 Ln 22 23 CD 24 / III L 25 / III 26 27 28 7-15-97 Packet Pg.719 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: ti 5 Council Members: AYES NAYS ABSTAIN ABSENT v Q 6 NEGRETE X N 1 Q 7 CURLIN X I � 8 ARIAS x N O 9 OBERHELMAN x _ Q 10 DEVLIN x Y 11 ANDERSON % E a 12 MILLER x 13 ° a RacAej Clark, City Clerk c 15 cc The foregoing resolution is hereby approved this T' a 16 E day of September , 1997. E 17 18 l Tom Minor, Mayor c 19 City of San Bernardino Q Approved as to form 20 and legal content: v 21 James F. Penman LO City Attorney N 22 rn T 23 24 By 25 a 26 27 28 - 2 FPacket Pg. 720 f 97-275 POLICY RELATIVE TO CONNECTION OF UNINCORPORATED PROPER'T'IES TO THE CITY OF SAN BERNARDINO SEWAGE SYSTEM PURPOSE: ti To establish a policy regulating the connection of parcels under the County' s jurisdiction to the City' s sewage system, a AUTHORITY: N 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. 04 0 I � 2. Resolution No. 89-510 - - Establishes a connection fee for t an application to connect any property located outside the corporate limits to the City public sewer, in the amount of $1 ,000 . 00 to recover the extra administrative cost. E 3 . Section 56133 of the Government Code -- Requires approval _o CD by the Local Agency Formation Commission for connection of > a parcel within the County to a City ' s sewage or water o system. *- BACKGROUND: w- A policy was adopted by Resolution No. 83-279 for the j provision of sewer services to users located outside the City. f° The City' s Director of Public Works/City Engineer was 0 authorized to execute a standard form agreement with any E prospective users, subject to verification by the Board of Li Water Commissioners, that sufficient sewer plant capacity was available. A copy of this standard form agreement is attached v s for reference. 3 0 L Section 56133 of the Government Code requires approval from `z the Local Agency Formation Commission (LAFCO) for any County M parcel to connect to a City' s sewage or water system. The LO application fee for such approval is $2 ,600 .00 . LAFCO re- quires that the serving City indicate their concurrence with ti the request for connection, before accepting the fee and processing the application. 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 applies to existing single family residences wishing to Q 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. 721 I 97-275 I 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 j parcel to enter into an Irrevocable Agreement for Annexation, in exchange for valuable consideration rendered - namely connection to the municipal sewage system. This Agreement would be recorded and become a covenant for future owners. ti These Agreements can be held until a majority within a certain area is received, and then submit an application for annexa- tion. N Q U 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 ca 2. Approval by the Local Agency Formation Commission. E 3. Verification by the Board of Water Commissioners that o sufficient wastewater treatment plant capacity is available. CD 4 . Compliance with the land use established by the City' s General Plan. � I D 5 . Execution by the owner of an Irrevocable Agreement for C Annexation. (Copy is attached for reference) M a N 6. Compliance with all applicable City Standards for E construction of sewer lateral mains and appurtenant �i facilities . a R a� 7 . Payment of all established fees for -- 3 a. Sewer Plant Capacity b. Sewer Line Connection Q C. Public Works Permit cc, M 8. Payment of an additional connection fee in the amount of $1 ,000 to compensate the City for extra administrative costs incurred. ti rn M c of E U RS w Q 2 _ Packet Pg. 722 97-275 II 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: ti WHEREAS, OWNER holds title to the unincorporated Q parcel (s) , located at California, and parcel (s) Q is (are) further described as follows: v 0 I = I N O T Q CL i+ _ E Q Assessor' s Parcel Number (s) ° m and d WHEREAS, this (these) parcel (s) is (are) within the c Sphere of Influence of CITY; and D °' c WHEREAS, OWNER desires to obtain sewer service for said = parcel (s) ; and a. U) WHEREAS , sewer service could be provided to said E L parcel (s) by connecting to the CITY' s sewage system; and U. f WHEREAS, CITY' s sewage system and wastewater treatment 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 LO (these) unincorporated parcel (s) to its sewage system, due to the Nr 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 parcel (s) is (are) within CITY' s Sphere of Influence. rn T WHEREAS, the covenants and conditions set forth herein c shall create an equitable servitude upon the parcel (s) , and shall E be fully binding upon OWNER' s heirs, sucessors and assigns. NOW, THEREFORE, the parties hereto agree as follows: a EXHIBIT "A" Packet Pg. 723 r 97-275 I SECTION ONE: OWNER Agrees - - 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 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 r reasonably within the control of OWNER to the various hearings 4 required for the annexation. Said cooperation does not include, however, any obligation on behalf of OWNER to institute any N litigation of judicial proceeding whatsoever to force the v annexation to the City of San Bernardino. o c b. To pay such annexation fees and costs and other 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, a these fees may be borne by CITY. ) 0 C. To pay all fees and charges and make all deposits required by CITY to connect to and use the sewer, and further o agrees to be bound by all CITY ordinances , rules and regulations (D respecting the sewage system. o d. To acknowledge that execution of this Irrevocable = Agreement to Annex is on behalf of all future heirs, successors -a and assigns; and that said Agreement shall be irrevocable without c written consent of CITY. FL e. To develop and maintain the subject parcel (s) in E compliance with the land use established by the City' s General Li Plan. m f. To comply with Section 13 . 32. 080, "Unlawful Discharges" of the San Bernardino Municipal Code relating to 0 discharge of materials into CITY ' s sewage system. Q g. To make application to the Local Agency Formation Commission, and pay all applicable fees, for approval to connect d to CITY' s sewage system, pursuant to Section 56133 of the ti Government Code. rn 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 m S maintained. co r SECTION 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. 724 i 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 r. the benefit of subsequent owners, their heirs, successors, and t assigns, and the agreements, conditions, and covenants contained a herein shall be binding upon them and upon the land. N `a 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. N O r Q d E Q G} 0 a-. .a N C C f4 a N E L M U- 3 0 L L Q M N le Ln ti N h r +i C d E V t6 a� Q 3 Packet Pg. 725 97-275 I i IRREVOCABLE AGREEMENT TO ANNEX: I I IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. r. T 1 OWNER CITY OF SAN BERNARDINO N Q By By Mayor n, 0 ATTEST: c m E CL 0 City Clerk > a� 0 Approved as to fora and legal content: a _ James F. Penman City Attorney N E L V.. By 3 0 L L Q M Ln d' lf) ti N ti a) r r+ _ N E s U fE r- y Q - 4 - Packet Pg. 726 LZL '6d 49313ed Oliver Mujica =rom: Jeff Weber <jeffweberl @msn.com> Sent: Wednesday,August 03, 2016 6:38 PM > To: Oliver Mujica;ed @bonadiman.com Subject: RE: GPA Amendment 16-02 m M Good morning, I would like to request this item be moved to the last meeting in September. Please let 3 us know what the dat of the meeting will be. Thank you. 0 J. P. Weber Group Jeff Weber 2697 N. Vista Glen Road g Orange, Ca. 92867 ph. 949 254-0135 w D o From:jeffweberl @msn.com To: mujica_ol @sbcity.org; ed @bonadiman.com n. Subject:GPA Amendment 16-02 Date:Tue, 19 Jul 2016 00:24:36 +0000 Good afternoon, I would like to request this item on tonight's agenda be continued until the September 1 st meeting. Thank you. CL C J. P. Weber Group ° Jeff Weber m 2697 N. Vista Glen Road Orange, Ca. 92867 ph. 949 254-0135 c� D 0 N 7 Q. v n n N D 1