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HomeMy WebLinkAboutMC-14441 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC -1444 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION AND APPROVING GENERAL PLAN AMENDMENT 16-08 AND DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-10 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM MULTI -FAMILY RESIDENTIAL TO COMMERCIAL AND THE ZONING DISTRICT CLASSIFICATION FROM RESIDENTIAL MEDIUM (RM) TO COMMERCIAL GENERAL (CG -1) FOR A PARCEL CONTAINING APPROXIMATELY 1.85 ACRES AND CURRENTLY DEVELOPED WITH A COMMERCIAL BUILDING APPROXIMATELY 4,797 SQUARE FEET, LOCATED AT 2500 N. DEL ROSA AVENUE. WHEREAS, the current City of San Bernardino Development Code was initially implemented in 1991; and WHEREAS, the current City of San Bernardino General Plan was initially implemented in 2005; and WHEREAS, on March 15, 2017 the Planning Commission of the City of San Bernardino held a noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2017-005 recommending the adoption of the Categorical Exemption pursuant to CEQA Guidelines Section 15061(b)(3) in accordance with the California Environmental Quality Act (Notice of Exemption) and the approval of General Plan Amendment 16-08 and Development Code Amendment (Zoning Map Amendment) 16-10, to the Mayor and City Council; and WHEREAS, notice of the public hearing for the Mayor and City Council's consideration of the proposed Ordinance was published in The Sun newspaper on April 7, 2017. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above -stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. FindinLs of Fact — General Plan Amendment 16-08. Finding No. 1: The proposed amendment is internally consistent with the General Plan. Finding of Fact: The proposed amendment will result in changing the General Plan land use designation from Multi -Family Residential to Commercial for the subject 1.85 acre site, which will create consistency between the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Finding No. 2: Finding of Fact existing commercial land use and the City's General Plan and Zoning Map as the purpose of the General Plan Amendment is to the bring the existing commercially developed property into conformance with the appropriate Commercial General Plan land use designation. Changing the General Plan land use designation from Multi -Family Residential to Commercial aligns the property and General Plan land use designation with the direction of the community, which annexed the property already developed with a commercial building. As such, the proposed General Plan Amendment eliminates the existing conflict between the current and long-term land use on the property and the General Plan land use designation, which creates internal policy consistency within the General Plan. For example, General Plan Goal 2.4 states, "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development." In addition, Policy 2.4.1 states, "Quality infill development shall be accorded a high priority in the commitment of City resources and available funding," and Policy 4.1.1 calls for the City to "Proactively seek out and retain businesses that create jobs and generate sales tax revenue." The proposed General Plan Amendment contributes to the achievement of these goals and policies, which are internally consistent with other General Plan policies, and the overall goal of encouraging economic activity that capitalizes on existing transportation infrastructure and locational strengths of San Bernardino, in that the change in land use designation will ensure that the site remains a viable commercial property. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that amendment to change the General Plan land use designation from Multi -Family Residential to Commercial for the 1.85 acre site will ensure that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 existing commercial use remains viable and consistent with the General Plan vision. The site is located in an urbanized area and gains access from a secondary arterial corridor that carries high volumes of traffic through the area. The site is already fully served by utility and emergency service providers, thus the amendment would not be detrimental to the public interest, health, safety, convenience or welfare. Finding No. 3 The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed General Plan Amendment would change the General Plan land use designation from Multi -Family to Commercial, placing 1.85 acres of land that is already developed and utilized as a commercial development/use into an appropriate commercial land use designation Finding No. 4 J Finding of Fact: to ensure that the existing use remains viable and redeveloped in accordance with the General Plan and Development Code. The property was annexed to the City as a developed site, and the existing use and development pattern was evaluated and contemplated during the annexation process. The proposed amendment would maintain the existing balance of commercial and residential land uses in the area and provide both employment and revenue generation opportunities for the City. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to access, provisions of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s). The existing commercial land use is not consistent with the existing Multifamily General Plan land use designation. The General Plan Amendment will bring the property into conformance with the General Plan, which will ensure the property remains commercially viable and facilitate appropriate redevelopment in the future in a manner consistent 1 2 3 4 5 6 7 8 9 10 11 12I 13 14 15 16 17 18 19! 20 21' 22 23 24 25 26 27 28 with the General Plan vision and the City's Development Code. The parcel is physically suitable for commercial use, in that it is already developed with a commercial use and includes adequate provisions for utilities and city services. Six-foot block walls were constructed adjacent to the single-family use to the west and apartment complex to the north to mitigate potential impacts and promote compatibility between the site and adjoining residential uses. The 10,000 square foot undeveloped portion of the site is relatively flat and does not have any physical constraints, such as steep slopes or watercourses. SECTION 3. Findings of Fact — Development Code Amendment (Zoning Map Amendment) 16-10: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will change the Zoning District classification of the subject 1.85 acre site from Residential Medium (RM) to Commercial General (CG -1), which will reconcile the existing commercial land use with the City's Zoning Map, allowing the site to remain a viable commercial property contributing to the economic welfare of the City. Amending the Zoning District classification from Residential Medium (RM) to Commercial General (CG -1) aligns existing, long-term land use of the property with the City's Zoning Map and eliminates the Zoning District classification conflict that currently exists. Finding No. 2: Finding of Fact: The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that amendment to change the Zoning District classification from Residential Medium (RM) to Commercial General (CG -1) for the subject 1.85 acre site will ensure that the existing commercial use remains viable and consistent with the City's Zoning Map. The site was developed to provide direct access from both Del Rosa Avenue and Pumalo Street and is already 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 fully served by all utility and emergency service providers. Additionally, the subject 1.85 -acre site is connected with and surrounded on two (2) sides by properties zoned for and developed as Commercial General (CG -1) uses and as such, the subject property would enjoy similar rights, once changed to the Commercial General (CG -1) Zoning District, as the surrounding commercial properties. Given that the subject property is already developed consistently with CG -1 development standards and is surrounded by other CG -1 zoned property on two sides, a CG -1 zoning designation is a more suitable for this site. Furthermore, changing the Zoning District from Residential Medium (RM) to Commercial General (CG -1) is a rational action that will benefit the public by preserving an existing commercial use that enhances the economic viability of the neighborhood and the city as a whole, through job creation and revenue generation. It will also expand the potential commercial usage of the site, facilitating future revitalization of the site which may further increase job potential and revenue generation, while providing convenient commercial services for area residents. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed General Plan Amendment would change the General Plan land use designation from Multi -Family to Commercial, placing 1.85 acres of land that is already developed and utilized as a commercial development/use into an appropriate commercial land use designation to ensure that the existing use remains viable and redeveloped in accordance with the General Plan and Development Code. The property was annexed to the City as a developed site, and the existing use and development pattern was evaluated and contemplated during the annexation process. The proposed amendment would maintain the existing balance of commercial and residential land uses in the area and 1 2 3 4 5, 6� 7. i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provide both employment and revenue generation opportunities for the City. 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 land use designation and the anticipated land use development. Finding of Fact: The existing commercial land use is not consistent with its Multifamily General Plan land use designation. The General Plan Amendment will bring the property into conformance with the General Plan, which will ensure the property remains commercially viable and facilitate appropriate redevelopment in the future in a manner consistent with the General Plan vision and the City's Development Code. The parcel is physically suitable for commercial use, in that it is already developed with a commercial use and includes adequate provisions for utilities and city services. Six-foot block walls were constructed adjacent to the single-family use to the west and apartment complex to the north to mitigate potential impacts and promote compatibility between the site and adjoining residential uses. The 10,000 square foot undeveloped portion of the site is relatively flat and does not have any physical constraints, such as steep slopes or watercourses. SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and City Council has independently reviewed, analyzed and exercised judgment in finding that General Plan Amendment 16-08 and Development Code Amendment (Zoning Map Amendment) 16-10 are Categorically Exempt from CEQA in accordance with §15061(b)(3) (Review for Exemption) of the California Environmental Quality Act due to the fact that the Ordinance approving General Plan Amendment 16-08 and Development Code Amendment (Zoning Map Amendment) 16-10 will have no significant adverse effect on the environment. The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino, as provided under Public Resources Code §21152(b) and CEQA Guidelines §15062 certifying the City's compliance with the California Environmental Quality Act. SECTION 5. General Plan Amendment 16-08 and Development Code Amendment (Zoning Map Amendment) 16-10, changing the General Plan Land Use Designation to Commercial and the Zoning District to Commercial General (CG -1) of an area containing approximately 1.85 acres, located at the northwest corner of Del Rosa Avenue and Pumalo Street, 2500 N. Del Rosa Avenue, is hereby approved and incorporated herein by reference. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION AND APPROVING GENERAL PLAN AMENDMENT 16-08 AND DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-10 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM MULTI -FAMILY RESIDENTIAL TO COMMERCIAL AND THE ZONING DISTRICT CLASSIFICATION FROM RESIDENTIAL MEDIUM (RM) TO COMMERCIAL GENERAL (CG -1) FOR A PARCEL CONTAINING APPROXIMATELY 1.85 ACRES AND CURRENTLY DEVELOPED WITH A COMMERCIAL BUILDING APPROXIMATELY 4,797 SQUARE FEET, LOCATED AT 2500 N. DEL ROSA AVENUE I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 1St day of May 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X BARRIOS X VALDIVIA X(M) SHORETT X(S) NICKEL X RICHARD X MULVIHILL X Ge,o;geaw4 Hanna, ,City Clerk The foregoing Ordinance is hereby approved thisw<, day of /11 2017. R. Carey Davi,/, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: '