HomeMy WebLinkAboutMC-1434 Adopted: December 21, 2016
Effective: January 21, 2017
1 ORDINANCE NO. MC-1434
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 16-03
3 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF 11.02 ACRES
4 FROM RESIDENTIAL URBAN TO RESIDENTIAL MEDIUM AND
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 15-01 TO
5 CHANGE THE ZONING DISTRICT FROM RESIDENTIAL URBAN (RU) TO
RESIDENTIAL MEDIUM (RM) FOR THE DEVELOPMENT AND OPERATION OF
6 A TRANSITIONAL HOUSING FACILITY FOR MEN (MARY'S VILLAGE)
7 LOCATED ON THE NORTH SIDE OF WALNUT STREET BETWEEN PICO
AVENUE AND SAN MARCOS STREET.
8
9 WHEREAS, the current City of San Bernardino Development Code was initially
10 implemented in 1991; and
WHEREAS, the current City of San Bernardino General Plan was initially
11 implemented in 2005; and
12 WHEREAS, on April 20, 2016, the Planning Commission of the City of San
13 Bernardino held a noticed public hearing to consider public testimony and the staff report, and
14 adopted Resolution 2016-014 recommending the adoption of the Mitigated Negative
15 Declaration and the approval of General Plan Amendment 16-01, Development Code
16 Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map
17 19648) and Conditional Use Permit 15-09 to the Mayor and Common Council; and
18 WHEREAS, notice of the public hearing for the Mayor and Common Council's
consideration of the proposed Ordinance was published in The Sun newspaper on November
19 25, 2016.
20 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
21 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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23 SECTION 1. The City Council find that the above-stated Recitals are true and hereby
24 adopt and incorporate them herein.
25 SECTION 2. Findings of Fact—General Plan Amendment 16-03.
26
27 Finding No. 1: The proposed amendment is internally consistent with the General Plan.
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1 Finding of Fact: General Plan Housing Goal 3.1 states: "Facilitate the development of a
2 variety of types of housing to meet the needs of all income levels in the
3 City of San Bernardino." The proposed development, establishment
4 and operation a men's residential complex providing comprehensive
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on-site transitional housing, and medical, behavioral health, training
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7 and support services will provide additional housing opportunities in
8 the southwestern area of the City, consistent with the General Plan goal
9 and policy cited above. Additionally, the proposed project is permitted
10 within the proposed Residential Medium (RM) zone, subject to the
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approval of a Conditional Use Permit with the appropriate Conditions
12
13 of Approval and CEQA determination, and the proposed Residential
14 Medium (RM) zone is consistent with the Residential land use
15 designation set forth by the General Plan Land Use Map.
16 Finding No. 2: The proposed amendment would not be detrimental to the public
17 interest, health, safety, convenience, or welfare of the City.
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19 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
20 health, safety, convenience, or welfare of the City in that amendment
21 from Residential Urban (RU) to Residential Medium (RM) will
22 facilitate the development, establishment and operation of a men's
23 residential complex providing comprehensive on-site transitional
24
housing, and medical, behavioral health, training and support services
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26 with the on-site and off-site improvements consistent with the City's
27 Development Code. The project site has direct access from both Walnut
28 Street and Congress Street, will be fully served by utility providers, will
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1 be constructed in accordance with all applicable codes and regulations,
2 and will not result in the need for the excessive provision of services.
3 Finding No. 3 The proposed amendment would maintain the appropriate balance of
4 land uses within the City.
5
Finding of Fact: The proposed amendment from Residential Urban (RU) to Residential
6
7 Medium (RM) maintains an appropriate balance of land uses by
8 providing for the revitalization of an existing under-utilized site. Thus,
9 the proposed amendment will not change the balance of land uses in the
10 City.
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Finding No. 4 The subject parcels are physically suitable (including but not limited to,
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13 access, provision of utilities, compatibility with adjoining land uses,
14 and adjoining land uses, and absence of physical constraints) for the
15 requested land use designation and the anticipated land use
16 development
17 Finding of Fact: The vacant 11.02-acre site is which is currently vacant and under-
18
19 utilized will provide for the accommodation of the development,
20 establishment and operation of a men's residential complex with the on-
21 site and off-site improvements consistent with the City's Development
22 Code, and there are no physical constraints on the site, such as steep
23 slopes or watercourses.
24
SECTION 3. Findings of Fact — Development Code Amendment (Zoning Map
25
26 Amendment) 15-01.
27 Finding No. 1: The proposed amendment is consistent with the General Plan.
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1 Finding of Fact: The proposed development, establishment and operation a men's
2 residential complex providing comprehensive on-site transitional
3 housing, and medical, behavioral health, training and support services
4 will provide additional housing opportunities in the southwestern area
5
of the City, consistent with the General Plan goal and policy cited
6
7 above. Additionally, the proposed project is permitted within the
8 proposed Residential Medium (RM) zone, subject to the approval of a
9 Conditional Use Permit with the appropriate Conditions of Approval
10 and CEQA determination, and the proposed Residential Medium (RM)
11
zone is consistent with the Residential land use designation set forth by
12
13 the General Plan Land Use Map and with the City's Development
14 Code.
15 Finding No. 2: The proposed amendment would not be detrimental to the public
16 interest, health, safety, convenience, or welfare of the City.
17 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
18
19 health, safety, convenience, or welfare of the City in that amendment
20 from Residential Urban (RU) to Residential Medium (RM) will
21 facilitate the development, establishment and operation of a men's
22 residential complex providing comprehensive on-site transitional
23 housing, and medical, behavioral health, training and support services
24 with the on-site and off-site improvements consistent with the City's
25
26 Development Code. The project site has direct access from both Walnut
27 Street and Congress Street, will be fully served by utility providers, will
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1 be constructed in accordance with all applicable codes and regulations,
2 and will not result in the need for the excessive provision of services.
3 Finding No. 3 The proposed amendment would maintain the appropriate balance of
4 land uses within the City.
5
Finding of Fact: The proposed amendment from Residential Urban (RU) to Residential
6
7 Medium (RM) maintains an appropriate balance of land uses by
8 providing for the revitalization of an existing under-utilized site. Thus,
9 the proposed amendment will not change the balance of land uses in the
10 City.
11
Finding No. 4 The subject parcels are physically suitable (including but not limited to,
12
13 access, provision of utilities, compatibility with adjoining land uses,
14 and adjoining land uses, and absence of physical constraints) for the
15 requested land use designation and the anticipated land use
16 development
17 Finding of Fact: The vacant 11.02-acre site is which is currently vacant and under-
18
utilized will provide for the accommodation of the development,
19
20 establishment and operation of a men's residential complex with the on-
21 site and off-site improvements consistent with the City's Development
22 Code, and there are no physical constraints on the site, such as steep
23 slopes or watercourses.
24
SECTION 4. Compliance with the California Environmental Oualily Act.
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26 1. The Mayor and Common Council has independently reviewed, analyzed and exercised
27 judgment in finding that General Plan Amendment 16-03, Development Code Amendment
28 (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and
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1 Conditional Use Permit 15-09 will have no significant adverse effect on the environment with
2 incorporation of the Conditions of Approval and mitigation measures; and determining that
3 the Mitigated Negative Declaration, as accepted by the Planning Commission as to the effects
4 of this proposed project, is hereby adopted.
5
SECTION 5. —General Plan Amendment 16-03, changing the General Plan Land Use
6
7 Designation from Residential Urban to Residential Medium for the properties known as
8 Assessor Parcel Numbers 0137-051-07, 32 and 33; 0137-101-05 and 06; 0274-011-05, 14 and
9 28; 0274-022-01, 02, 03, 04, 05 and 06; 0274-023-08, 09. 10 and 11; 0274-023-12 through
10 222; 0274-023-26 through 38; 0274-023-40, 41 and 43; 0274-024-06 through 13; and, 0274-
11
024-21, is hereby approved.
12
13 SECTION 6. — Development Code Amendment (Zoning Map Amendment) 15-03,
changing the Zoning District from Residential Urban (RU) to Residential Medium (RM) for
14 the properties known as Assessor Parcel Numbers 0137-051-07, 32 and 33; 0137-101-05 and
15 06; 0274-011-05, 14 and 28; 0274-022-01, 02, 03, 04, 05 and 06; 0274-023-08, 09. 10 and 11;
16 0274-023-12 through 222; 0274-023-26 through 38; 0274-023-40, 41 and 43; 0274-024-06
17 through 13; and, 0274-024-21, is hereby approved.
18 SECTION 7. — Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use
19 Permit 15-09, as approved by Resolution, is incorporated herein by reference.
20 SECTION 8. - Notice of Determination: The Planning Division of the Community
21 Development Department is hereby directed to file a Notice of Determination with the County
22 Clerk of the County of San Bernardino certifying the City's compliance with California
23 Environmental Quality Act in adopting the Mitigated Negative Declaration.
24
SECTION 9. Severability: If any section, subsection, subdivision, sentence, or
25 clause or phrase in this Resolution or any part thereof is for any reason held to be
26 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
27 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
28 part thereof. The Mayor and Common Council hereby declares that it would have adopted
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1 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
2 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 16-03 TO CHANGE
2 THE GENERAL PLAN LAND USE DESIGNATION OF 11.02 ACRES FROM
RESIDENTIAL URBAN TO RESIDENTIAL MEDIUM AND DEVELOPMENT CODE
3 AMENDMENT (ZONING MAP AMENDMENT) 15-01 TO CHANGE THE ZONING
4 DISTRICT FROM RESIDENTIAL URBAN (RU) TO RESIDENTIAL MEDIUM (RM)
FOR THE DEVELOPMENT AND OPERATION OF A TRANSITIONAL HOUSING
5 FACILITY FOR MEN (MARY'S VILLAGE) LOCATED ON THE NORTH SIDE OF
WALNUT STREET BETWEEN PICO AVENUE AND SAN MARCOS STREET
6
7 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
8 the 19th day of December 2016, by the following vote to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x BARRIOS x
12 VALDIVIA x
13 SHORETT x
14 NICKEL x
RICHARD x
15 MULVIHILL x
16
r
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18 Georgea anna, CMC pity Clerk
19 The foregoing Ordinance is hereby adopted this 1;7/ day of December, 2016.
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21 t
R. Carey Dav' , Mayor
22 City of San ernardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
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By: -
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