HomeMy WebLinkAboutMC-1437 Adopted: January 13, 2017
Effective: February 13, 2017
1 ORDINANCE NO. MC-1437
2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING SPECIFIC PLAN 15-01 TO CHANGE THE GENERAL
3 PLAN LAND USE DESIGNATIONS AND ZONING DISTRICTS OF AN AREA
4 CONTAINING APPROXIMATELY 710 ACRES TO THE WATERMAN + BASELINE
NEIGHBORHOOD TRANSFORMATION SPECIFIC PLAN.
5
6 WHEREAS, the current City of San Bernardino Development Code was initially
7 implemented in 1991; and
WHEREAS, the current City of San Bernardino General Plan was initially
8 implemented in 2005; and
9 WHEREAS, on November 16, 2016, the Planning Commission of the City of San
10 Bernardino held a noticed public hearing to consider public testimony and the staff report, and
11 adopted Resolution 2016-059 recommending the certification of the Final Environmental
12 Impact Report and the approval of Specific Plan 15-01 to the City Council; and
13 WHEREAS, notice of the public hearing for the City Council's consideration of the
14 proposed Ordinance was published in The Sun newspaper on December 9, 2016.
15 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO DOES ORDAIN AS FOLLOWS:
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17 SECTION 1. The City Council finds that the above-stated Recitals are true and
18 hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact—Specific Plan 15-01.
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21 Finding No. 1: The proposed plan is consistent with the General Plan.
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Finding of Fact: The Waterman + Baseline Neighborhood Transformation Specific Plan
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24 proposes to change the General Plan Land Use Designations and the
25 Zoning Districts of the properties contained within an area comprised
26 of approximately 710 acres in order to establish the land use policies
27 and development standards to facilitate the maximum build out of up to
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1 4,341 residential units and approximately 3,570,448 square feet of non-
2 residential uses, and the future construction of the associated
3 transportation/mobility and infrastructure improvements. The primary
4 purpose of the Specific Plan is to provide a vision and implementation
5
program for the future development of vacant or underutilized
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7 properties within Specific Plan boundaries. This Specific Plan also
8 contains a comprehensive set of goals, objectives, strategies and
9 guidelines to be used by the City to support, attract and facilitate new
10 development and revitalization projects.
11
The City of San Bernardino General Plan includes primary goals and
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13 policies to guide future development within the City. The proposed
14 Waterman + Baseline Neighborhood Transformation Specific Plan
15 provides a detailed explanation of the Specific Plan's relationship to the
16 City's General Plan, including a comparison of goals, objectives and
17 policies. Through Appendix C of the Specific Plan a side-by-side
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comparison of the City's General Plan policies and the various elements
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20 of the Specific Plan that carry out these policies has been provided to
21 demonstrate a consistency of Specific Plan 15-01 with the City's
22 General Plan, which includes the following:
23 ✓ Land Use Element
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o Preserve and Enhance San Bernardino's Unique
25
26 Neighborhoods
27 o Promote Development that Integrates with and
28 Minimizes Impacts on Surrounding Land Uses
2
1 o Create and Enhance Dynamic, Recognizable Places for
2 San Bernardino's Residents, Employees, and Visitors
3 o Enhance the Quality of Life and Economic Vitality in
4 San Bernardino by Strategic Infill of New Development
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and Revitalization of Existing Development
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7 o Enhance the Aesthetic Quality of Land Uses and
8 Structures in San Bernardino
9 o Control Development and the Use of Land to Minimize
10 Adverse Impacts on Significant Natural, Historic,
11
Habitat, and Hillside Resources
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o Provide for the Development and Maintenance of Public
13
14 Infrastructure and Services to Support Existing and
15 Future Residents, Businesses, Recreation, and Other
16 Uses
17 o Protect the Life and Property of Residents, Businesses,
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and Visitors to the City of San Bernardino from Crime
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20 and the Hazards of Flood, Fire, Seismic Risk, and
21 Liquefaction
22 o Actively Apply, Enforce, and Utilize the General Plan in
23 the Day-to-Day Activities of the City
24 ✓ Housing Element
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26 o Facilitate the Development of a Variety of Types of
27 Housing to Meet the Needs of All Income Levels in the
28 City of San Bernardino
3
1 o Conserve and Improve the Condition of the Existing
2 Affordable Housing Stock and Revitalize
3 Neighborhoods Containing a Substantial Percentage of
4 Deteriorated Dwelling Units
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o Assist in the Development of Adequate Housing to Meet
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the Needs of Low and Moderate-Income Households
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8 o Assist the Provision of Housing for Residents with
9 Special Needs
10 o Reduce the Adverse Effects of Governmental Actions on
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the Production, Preservation, and Conservation of
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13 Housing, Particularly for Low and Moderate Income
14 Households
15 o Promote Equal Housing Opportunity for All Residents of
16 the City of San Bernardino
17 ✓ Economic Development Element
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o Encourage Economic Activity that Capitalizes upon the
19
20 Transportation and Locational Strengths of San
21 Bernardino
22 o Retain and Expand the City's Government/Public Office
23 Cluster Uses
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o Continue and Expand the City's Marketing and
25
26 Promotional Campaigns
27 o Attract Businesses Through an Efficient Improvement
28 Program
4
1 o Identify and Attract New Employment Types/Land Uses
2 that Complement the Existing Employment Clusters and
3 Foster Long-Term Economic Growth
4 o Establish Employment Sectors that Support Business
5
Growth
6
o Build on the Health Care Clusters to Attract and retain
7
8 Related Employment
9 o Build on Transportation Clusters to Attract and Retain
10 Dependent Employment Sectors
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o Prevent Retail Sales Leakage and Recapture Regional
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Retail Expenditure Through Key Sectors
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14 o Ensure Fiscal Viability in Order to Provide a High Level
15 of Services to the Community and Finance Capital
16 Projects
17 o Positively Define and Capitalize on Available Workforce
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Skill Capabilities to Attract New Employers
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20 o Enhance, Maintain, and Develop Recreational, Cultural,
21 Entertainment, and Educational Facilities within the City
22 o Expand on Historic and the Natural Assets to Attract
23 Recreational Visitors
24 ✓ Community Design Element
25
26 o Attractively Design, Landscape, and Maintain San
27 Bernardino's Major Corridors
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5
1 o Recognize Unique Features in Individual Districts and
2 Neighborhoods and Develop a Program to Create
3 Unifying Design Themes to Identify Areas Throughout
4 the City
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o Ensure Individual Projects are Well Designed and
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Maintained
7
8 o Develop Attractive, Safe, and Comfortable Single
9 Family Neighborhoods
10 o Ensure that Multi-Family Housing is Attractively
11 Designed and Scaled to Contribute to the Neighborhood
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and Provide Visual Interest Through Varied Architectural
13
14 Detailing
15 o Develop Attractive and Safe Commercial, Office, and
16 Industrial Projects that are Creatively Designed and
17 Intelligently Sited
18 ✓ Circulation Element
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20 o Provide a Well-Maintained Street System
21 o Maintain Efficient traffic Operations on City Streets
22 o Provide a Safe Circulation System
23 o Minimize the Impact of Roadways on Adjacent Land
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Uses and Ensure Compatibility Between Land Uses and
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26 Highway Facilities to the Extent Possible
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1 o Develop a Transportation System that Reduces Conflicts
2 Between Commercial Trucking, Private/Public
3 Transportation, and Land Uses
4 o Promote a Network of Multi-Modal Transportation
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Facilities that are Safe, Efficient, and Connected to
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7 Various Points of the City and the Region
8 o Achieve a Balance Between Parking Supply and
9 Demand
10 ✓ Public Facilities and Services Element
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o Protect the Residents of San Bernardino from Criminal
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13 Activity and Reduce the Incidence of Crime
14 o Protect the Residents and Structures of San Bernardino
15 from the Hazards of Fire
16 o Meet the Educational Needs of the City's Residents and
17 Integrate Our Higher Educational Facilities into the
18
Fabric of Our Community
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20 o Maintain and Enhance the Cultural Quality of Life for
21 the City's Residents
22 ✓ Parks, Recreational and Trails Element
23 o Improve the Quality of Life in San Bernardino by
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Providing Adequate Parks and Recreation Facilities and
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Services to Meet the Needs of Our Residents
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27 o Design and Maintain Our Parks and Recreation Facilities
28 to Maximum Safety, Function, Beauty, and Efficiency
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I o Develop a Well-Designed System of Interconnected
2 Multi-Purpose Trails, Bikeways, and Pedestrian Paths
3 o Provide Adequate Funding for Parkland and Trails
4 Acquisition, Improvements, Maintenance, and Programs
5 ✓ Utilities Element
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7 o Provide a System of Wastewater Collection and
8 Treatment Facilities that will Adequately Convey and
9 Treat wastewater Generated by Existing and Future
10 Development in the City's Service Area
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o Ensure that all Wastewater Collection and Treatment
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13 Facilities are Operated to Maximum Public Safety
14 o Provide Water Supply, Transmission, Distribution,
15 Storage, and Treatment Facilities to Meet Present and
16 Future Water Demands in a Timely and Cost Effective
17 Manner
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o Provide Appropriate Storm Drain and Flood Control
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20 Facilities where Necessary
21 o Provide an Adequate and Orderly System for the
22 Collection and Disposal of Solid Waste to Meet the
23 Demands of New and Existing Developments in the City
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o Ensure an Adequate, Safe, and Orderly Supply of
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26 Electrical Energy is Available to Support Existing and
27 Future Land Uses within the City on a Project Level
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1 o Ensure an Adequate Supply of Natural Gas is Available
2 to Support Existing and Future Land Uses within the
3 City at a Project Level
4 o Ensure the Operation and Maintenance of
5
Telecommunications Systems to Support Existing and
6
7 Future Land Uses within the City
8 o Ensure that the Costs of Infrastructure Improvements are
9 Borne by those who Benefit
10 ✓ Safety Element
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o Protect the Environment, Public Health, Safety, and
12
Welfare from Hazardous Wastes
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14 o Protect Proper Operations of Hazardous Waste Facilities
15 and Ensure Regulations Applicable to these Facilities are
16 Enforced
17 o Minimize the Threat of Surface and Subsurface Water
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Contamination and Promote restoration of Healthful
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20 Groundwater Resources
21 o Reduce Urban Run-Off from New and Existing
22 Development
23 o Protect the Lives and Properties of Residents and
24
Visitors of the City from Flood Hazards
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26 o Protect Life, Essential Lifelines, and Property from
27 Damage Resulting from Seismic Activity
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I o Prevent the Loss of Life, Serious Injuries, and Major
2 Disruption Caused by the Collapse of or Sever Damage
3 to Vulnerable Buildings in an Earthquake
4 o Minimize Exposure to and Risks from Geologic
5
Activities
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7 o Protect People and Property from Urban and Wildland
8 Fire Hazards
9 o Ensure the Availability and Effective Response of
10 Emergency Services in the Event of a Disaster
11 ✓ Historical And Archaeological Resources Element
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13 o Develop a Program to Protect, Preserve, and Restore the
14 Sites, Buildings and Districts that have Architectural,
15 Historical,Archaeological, and/or Cultural Significance
16 o Promote Community Appreciation for Our History and
17 Cultural Resources
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o Protect and Enhance Our Historic and Cultural
19
20 Resources
21 o Protect and Enhance Our Archaeological Resources
22 ✓ Natural Resources and Conservation Element
23 o Conserve and Enhance San Bernardino's Biological
24 Resources
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26 o Protect Riparian Corridors to Provide Habitat for Fish
27 and Wildlife
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10
1 o Promote Air Quality that is Compatible with the Health,
2 Well-Being, and Enjoyment of Life
3 o Reduce the Amount of Vehicular Emissions in San
4 Bernardino
5 ✓ Energy and Water Conservation Element
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7 o Conserve Scarce Energy Resources
8 o Manage and Protect the Quality of the City's Surface
9 Waters and Ground Water Basins
10 ✓ Noise Element
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o Ensure that Residents are Protected from Excessive
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Noise Through Careful Land Planning
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14 o Encourage the Reduction of Noise from Transportation-
15 Related Noise Sources Such as Motor Vehicles, Aircraft
16 Operations, and Railroad Movements
17 o Protect Residents from the Negative Effects of "Spill
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Over" or Nuisance Noise
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20 Finding No. 2: The proposed plan would not be detrimental to the public interest,
21 health, safety, convenience, or welfare of the City.
22 Finding of Fact: The proposed Waterman + Baseline Neighborhood Transformation
23 Specific Plan would establish a land use and development framework,
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identify needed transportation and infrastructure improvements, and
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26 serve as a marketing tool for attracting developers to key sites and for
27 boosting economic development. The Specific Plan is intended to
28 encourage residential and neighborhood-serving commercial
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1 establishments on major corridors such as Baseline Avenue and
2 Waterman Avenue, direct the creation of employment generating uses to
3 the southern portion of the project area closer to the Civic Center and
4 Downtown, and protect and enhance the existing residential
5
neighborhoods. The proposed land use plan accommodates an increase
6
7 in existing residential uses from an estimated 2,049 units to
8 approximately 4,341 units, an increase in commercial uses from
9 approximately 2,366,385 square feet to approximately 3,570,448 square
10 feet, and establishes six (6) distinct districts to guide future
11
development of key parcels throughout the project area. Therefore, the
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13 proposed Specific Plan will not be detrimental to the public interest,
14 health, safety, convenience, or welfare of the City in that the primary
15 purpose of the Specific Plan is to provide a vision and implementation
16 program for the future development of vacant or under-utilized
17 properties within Specific Plan boundaries and contains a
18
comprehensive set of goals, objectives, strategies and guidelines to be
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20 used by the City to support, attract and facilitate new development and
21 revitalization projects and will enhance the physical and visual qualities
22 of the project area thereby enhancing the aesthetics of the surrounding
23 neighborhood, while preserving the environmental environs.
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Finding No. 3 The subject properties are physically suitable for the requested land use
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26 designations and the anticipated land use developments.
27 Finding of Fact: The proposed Waterman + Baseline Neighborhood Transformation
28 Specific Plan allow the change of the General Plan Land Use
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I Designations and the Zoning Districts of the properties contained
2 within an area comprised of approximately 710 acres in order to
3 establish the new Land Use Districts and Design Guidelines maintains
4 an appropriate balance of land uses by providing for the revitalization
5
of existing under-utilized properties.
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7 Finding No. 4 The proposed plan shall ensure development of desirable character
8 which will be compatible with existing and proposed development in
9 the surrounding neighborhood.
10 Finding of Fact: The proposed Waterman + Baseline Neighborhood Transformation
11
Specific Plan is intended to encourage residential and neighborhood-
12
serving commercial establishments on major corridors such as Baseline
13
14 Avenue and Waterman Avenue, direct the creation of employment
15 generating uses to the southern portion of the project area closer to the
16 Civic Center and Downtown, and protect and enhance the existing
17 residential neighborhoods. The proposed land use plan accommodates
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an increase in existing residential uses from an estimated 2,049 units to
19
20 approximately 4,341 units, an increase in commercial uses from
21 approximately 2,366,385 square feet to approximately 3,570,448 square
22 feet, and establishes six (6) distinct districts to guide future
23 development of key parcels throughout the project area.
24
Finding No. 5: The proposed plan will contribute to a balance of land uses so that local
25
26 residents may work and shop in the community in which they live.
27 Finding of Fact: The proposed Waterman + Baseline Neighborhood Transformation
28 Specific Plan creates employment generating uses to the southern
13
1 portion of the project area closer to the Civic Center and Downtown,
2 and protects and enhances through the accommodation of increased
3 residential uses from an estimated 2,049 units to approximately 4,341
4 units and increased commercial uses from approximately 2,366,385
5
square feet to approximately 3,570,448 square feet.
6
7 SECTION 3. Compliance with the California Environmental Qualily Act.
8 The City Council has independently reviewed, analyzed and exercised judgment in finding that
9 Specific Plan 15-01 will have significant unavoidable impacts on the environment, however,
10 based upon the CEQA Findings of Fact and Statement of Overriding Considerations, attached
11 hereto as Exhibit A and incorporated by reference, the City Council finds the impacts are
12
13 acceptable because the benefits of the project outweigh the environmental impacts. The CEQA
14 Findings of Fact and Statement of Overriding Considerations are hereby adopted. The City
15 Council hereby adopts the Mitigation Monitoring and Reporting Program, attached hereto as
16 Exhibit B and incorporated by reference, as a set of conditions under which Specific Plan 15-01
17 will be implemented and as legally binding upon the City. The City Council hereby approves and
18
certifies the Final Environmental Impact Report, and incorporates the same herein by this
19
20 reference, as accepted by the Planning Commission to the effects of Specific Plan 15-01.
21 SECTION 4. —Specific Plan 15-01 changing the General Plan Land Use Designations
22 and Zoning Districts of an area containing approximately 710 acres to the Waterman +
23 Baseline Neighborhood Transformation Specific Plan, is hereby approved and incorporated
24
herein by reference.
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26 SECTION 5. - Notice of Determination: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
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1 Clerk of the County of San Bernardino certifying the City's compliance with the California
2 Environmental Quality Act in certifying the Final Environmental Impact Report.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or
3 clause or phrase in this Ordinance or any part thereof is for any reason held to be
4 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
5 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
6 part thereof. The City Council hereby declares that it would have adopted each section
7 irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or
8 phrases be declared unconstitutional, invalid, or ineffective.
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15
1 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING SPECIFIC PLAN 15-01 TO CHANGE THE GENERAL
2 PLAN LAND USE DESIGNATIONS AND ZONING DISTRICTS OF AN AREA
CONTAINING APPROXIMATELY 710 ACRES TO THE WATERMAN + BASELINE
3 NEIGHBORHOOD TRANSFORMATION SPECIFIC PLAN.
4
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the City
6 Council of the City of San Bernardino at a joint regular meeting thereof, held on the 91' day of
7 January, 2017, by the following vote to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10 BARRIOS x
11
VALDIVIA
x
SHORETT
12 NICKEL x
13 RICHARD x
14
MULVIHILL x
15 G�
16 Georgeag Hanna, CMC, City Clerk
17
18 The foregoing Ordinance is hereby adopted this _day of January, 17. f
19
20 R. Carey D is, Mayor
City of Sa Bernardino
21
22 Approved as to form:
23 Gary D. Saenz, City Attorney
24 By.
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