HomeMy WebLinkAbout07.A- Community Development 7.A.a
Staff Report
City of San Bernardino
Request for Council Action
Date: December 19, 2016
To: Honorable Mayor and City Council Members
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From: Mark Scott, City Manager =
By: Mark Persico, AICP, Community Development Director
Oliver Mujica, Planning Division Manager o
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Subject: Ordinance of the City Council of San Bernardino, California
Approving General Plan Amendment 16-03 to change the
General Plan Land Use Designation of approximately 11.02
acres from Residential Urban to Residential Medium and
Development Code Amendment (Zoning Map Amendment) 15-
01 to change the Zoning District from Residential Urban (RU) o
to Residential Medium (RM) for the development and operation
of a transitional housing facility for men (Mary's Village) c
located on the north side of Walnut Street between Pico C
Avenue and San Marcos Street (Final Reading)
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(D
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Recommendation a
Accept for final reading an Ordinance approving the General Plan Amendment 16-03
and Zoning Map Amendment 15-01 for the development and operation of a transitional >
housing facility for men (Mary's Village) on the north side of Walnut Street between Pico
Avenue and San Marcos Street (Attachment 1).
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Background
On December 5, 2016, the City Council conducted a public hearing for a transitional s
housing facility for men. At the conclusion of the hearing the Council Introduced an
Ordinance for a General Plan Amendment from Residential Urban to Residential a
Medium and a Zoning Map Amendment from Residential Urban (RU) to Residential
Medium (RM). Concurrent with introducing the Ordinance, the City Council also adopted
a Resolution containing specific conditions and operating standards for the transitional
housing facility.
Conclusion
Final reading of the Ordinance will allow the facility to move forward through the plan
check and construction process.
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7.A.a
Attachments
Attachment 1 Ordinance
Ward: 3
Synopsis of Previous Council Actions:
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7.A.b
1 ORDINANCE NO.
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)
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LOCATED ON THE NORTH SIDE OF WALNUT STREET BETWEEN PICO
AVENUE AND SAN MARCOS STREET.
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9 WHEREAS, the current City of San Bernardino Development Code was initially
implemented in 1991; and N
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WHEREAS, the current City of San Bernardino General Plan was initially 2
11 implemented in 2005; and
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12 WHEREAS, on April 20, 2016, the Planning Commission of the City of San
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13 Bernardino held a noticed public hearing to consider public testimony and the staff report, and
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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 a
16 Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map c
17 19648) and Conditional Use Permit 15-09 to the Mayor and Common Council; and
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WHEREAS, notice of the public hearing for the Mayor and Common Council's 0
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consideration of the proposed Ordinance was published in The Sun newspaper on November 0
19 25, 2016.
20 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
21 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: r
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23 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
24 are true and hereby adopt and incorporate them herein.
25 SECTION 2. Findings of Fact—General Plan Amendment 16-03.
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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
the southwestern area of the City, consistent with the General Plan goal
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9 and policy cited above. Additionally, the proposed project is permitted j
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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
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of Approval and CEQA determination, and the proposed Residential r
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14 Medium (RM) zone is consistent with the Residential land use E
15 designation set forth by the General Plan Land Use Map. Q
16 Finding No. 2: The proposed amendment would not be detrimental to the public
17 interest,health, safety, convenience, or welfare of the City. o
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Finding of Fact: The proposed amendment will not be detrimental to the public interest,
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20 health, safety, convenience, or welfare of the City in that amendment Jn
21 from Residential Urban (RU) to Residential Medium (RM) will
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22 facilitate the development, establishment and operation of a men's =
23 residential complex providing comprehensive on-site transitional a
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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.
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Finding of Fact: The proposed amendment from Residential Urban (RU) to Residential
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7 Medium (RM) maintains an appropriate balance of land uses by
providing for the revitalization of an existing under-utilized site. Thus, o
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9 the proposed amendment will not change the balance of land uses in the j
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10 City.
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Finding No. 4 The subject parcels are physically suitable (including but not limited to,
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access, provision of utilities, compatibility with adjoining land uses,
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14 and adjoining land uses, and absence of physical constraints) for the E
15 requested land use designation and the anticipated land use Q
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16 development
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17 Finding of Fact: The vacant 11.02-acre site is which is currently vacant and under- o
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utilized will provide for the accommodation of the development, 0
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20 establishment and operation of a men's residential complex with the on- �n
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21 site and off-site improvements consistent with the City's Development
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22 Code, and there are no physical constraints on the site, such as steep E
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slopes or watercourses. a
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SECTION 3. Findings of Fact — Development Code Amendment (Zoning Map
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26 Amendment)
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
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of the City, consistent with the General Plan goal and policy cited
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above. Additionally, the proposed project is permitted within the
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proposed Residential Medium (RM) zone, subject to the approval of a
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9 Conditional Use Permit with the appropriate Conditions of Approval
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10 and CEQA determination, and the proposed Residential Medium (RM) M
11 zone is consistent with the Residential land use designation set forth by
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the General Plan Land Use Map and with the City's Development r
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14 Code. s
15 Finding No. 2: The proposed amendment would not be detrimental to the public a
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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,
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health, safety, convenience, or welfare of the City in that amendment
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20 from Residential Urban (RU) to Residential Medium (RM) will
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21 facilitate the development, establishment and operation of a men's
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22 residential complex providing comprehensive on-site transitional E
23 housing, and medical, behavioral health, training and support services a
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with the on-site and off-site improvements consistent with the City's
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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.
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Finding of Fact: The proposed amendment from Residential Urban (RU) to Residential
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Medium (RM) maintains an appropriate balance of land uses by
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providing for the revitalization of an existing under-utilized site. Thus,
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9 the proposed amendment will not change the balance of land uses in the j
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10 City.
11 Finding No. 4 The subject parcels are physically suitable (including but not limited to,
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access, provision of utilities, compatibility with adjoining land uses,
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14 and adjoining land uses, and absence of physical constraints) for the E
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15 requested land use designation and the anticipated land use a
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16 development
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17 Finding of Fact: The vacant 11.02-acre site is which is currently vacant and under-
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utilized will provide for the accommodation of the development,
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20 establishment and operation of a men's residential complex with the on-
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21 site and off-site improvements consistent with the City's Development
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22 Code, and there are no physical constraints on the site, such as steep s
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slopes or watercourses. a
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SECTION 4. Compliance with the California Environmental Quality 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.
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SECTION 5.—General Plan Amendment 16-03, changing the General Plan Land Use
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7 Designation from Residential Urban to Residential Medium for the properties known as
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Assessor Parcel Numbers 0137-051-07, 32 and 33; 0137-101-05 and 06; 0274-011-05, 14 and
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9 28; 0274-022-01, 02, 03, 04, 05 and 06; 0274-023-08, 09. 10 and 11; 0274-023-12 through j
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10 222; 0274-023-26 through 38; 0274-023-40, 41 and 43; 0274-024-06 through 13; and, 0274- M
11 024-21, is hereby approved.
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SECTION 6. — Development Code Amendment (Zoning Map Amendment) 15-03,
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changing the Zoning District from Residential Urban (RU) to Residential Medium (RM) for d
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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; a
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16 0274-023-12 through 222; 0274-023-26 through 38; 0274-023-40, 41 and 43; 0274-024-06
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17 through 13; and, 0274-024-21, is hereby approved.
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18 SECTION 7. — Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use
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19 Permit 15-09, as approved by Resolution, is incorporated herein by reference. f°
20 SECTION 8. - Notice of Determination: The Planning Division of the Community �n
21 Development Department is hereby directed to file a Notice of Determination with the County
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22 Clerk of the County of San Bernardino certifying the City's compliance with California s
23 Environmental Quality Act in adopting the Mitigated Negative Declaration. a
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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 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 16-03
2 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF 11.02 ACRES
FROM RESIDENTIAL URBAN TO RESIDENTIAL MEDIUM AND
3 DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 15-01 TO
4 CHANGE THE ZONING DISTRICT FROM RESIDENTIAL URBAN (RU) TO
RESIDENTIAL MEDIUM (RM) FOR THE DEVELOPMENT AND OPERATION OF
5 A TRANSITIONAL HOUSING FACILITY FOR MEN (MARY'S VILLAGE)
LOCATED ON THE NORTH SIDE OF WALNUT STREET BETWEEN PICO
6 AVENUE AND SAN MARCOS STREET
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7 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor o
8 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
9 day of , 2016,by the following vote to wit: >
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Council Members: AYES NAYS ABSTAIN ABSENT M
11 MARQUEZ o
12 BARRIOS
13 VALDIVIA
14 SHORETT
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NICKEL
15 RICHARD a
16 MULVIHILL
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18 Georgeann Hanna, CMC, City Clerk a,
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20 The foregoing Ordinance is hereby adopted this day of , 2016. Jn
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22 R. CAREY DAVIS, Mayor E
23 Approved as to form: City of San Bernardino
24 Gary D. Saenz, City Attorney a
25 By:
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