HomeMy WebLinkAboutMC-14901
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ORDINANCE NO. MC -1490
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING GENERAL PLAN AMENDMENT 18-01 TO AMEND THE
GENERAL PLAN CIRCULATION ELEMENT TO RECLASSIFY SHANDIN HILLS
DRIVE FROM A LOCAL STREET TO A SECONDARY ARTERIAL
WHEREAS, the current City of San Bernardino General Plan was initially
implemented in 2005; and
WHEREAS, on March 13, 2018, the Planning Commission of the City of San
Bernardino held a duly noticed public hearing to consider public testimony and the staff
report, and adopted Resolution 2018-020 recommending the adoption of the Categorical
Exemption, and the approval of General Plan Amendment 18-01 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 March 20,
2018.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, 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. Findings of Fact —General Plan Amendment 18-01:
Finding No. 1: The proposed amendment is internally consistent with the General Plan.
Finding of Fact: General Plan Circulation Element Policy 6.2.3 - Keep traffic in balance
with roadway capacity by requiring traffic studies to identify to identify
local roadway and intersection improvements necessary to mitigate the
traffic impacts of new developments and land use changes;
General Plan Circulation Element Policy 6.3.1 - Promote the principle
that streets have multiple uses and users, and protect the safety of all
users;
General Plan Land Use Policy 2.7.5 - Require that development be
contingent upon the ability of public infrastructure to provide sufficient
capacity to accommodate its demands and mitigate its impacts.
The proposed amendment to the General Plan Circulation Element does
not require any construction to the existing roadway, but will reclassify
the street to reflect the existing and proposed activities at the
intersection in question and the physical character of the existing street
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is consistent with the requested reclassification. A Traffic Study was
conducted in connection with the proposed project and approved by the
City's Traffic Engineer. The existing conditions of Shandin Hills Drive
are more than adequate to meet the demand for traffic circulation that
will be generated by the proposed project and the reclassification of the
street will have no adverse impacts on the site or surrounding area.
Finding No. 2: The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
Finding of Fact: Any potential impacts created by the proposed amendment have been
addressed in the Conditions of Approval and will not be detrimental to
the public interest, health, safety, convenience, or welfare of the City.
Finding No. 3 The proposed amendment would maintain the appropriate balance of
land uses within the City.
Finding of Fact: The proposed amendment will not make any changes to the existing
land uses and will not detract from the appropriate balance of land uses
within 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 project site is currently consists of three (3) parcels containing a
total of approximately 3.50 acres that will have direct access at two (2)
locations along Shandin Hills Drive and one (1) location along Kendall
Drive. The site is adjacent to a mix of existing commercial and
residential use already served by the full range of required utilities. The
site is sufficient in size to meet parking, loading and landscaping
requirements and there are no physical constraints on the site, such as
steep slopes or watercourses.
SECTION 3. Compliance with the California Environmental Quality Act.
In accordance with §15060 of the California Environmental Quality Act (CEQA), the
Planning Division conducted an environmental evaluation in connection with proposed General
Plan Amendment 18-01 and concluded that General Plan Amendment 18-01 is found to be
exempt under § 15061(b)(3) (Review for Exemption) of CEQA due to the fact that this activity is
covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment, and where it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. There are no potentially significant environmental impacts that
may result from the proposed General Plan Amendment to allow for the reclassification of an
existing street from a Local Street to a Secondary Arterial because the existing street was
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constructed to meet the standards of a Secondary Arterial. Additionally, a Traffic Study was
prepared for the proposed project and approved by the City's Traffic Engineer, and the City's
Public Works Department fully supports the approval of General Plan Amendment 18-01 to
reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial.
SECTION 4. General Plan Amendment 18-01 amending the City of San Bernardino
General Plan Circulation Element to reclassify Shandin Hills Drive from a Local Street to a
Secondary Arterial (EXHIBIT A), is hereby approved and incorporated herein by reference.
SECTION 5. Notice of Exemption: 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 Bernardino within five (5) working days of final project approval
certifying the City's compliance with the California Environmental Quality Act in adopting
the Categorical Exemptions.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause
or phrase in this Ordinance 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 Ordinance 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.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING GENERAL PLAN AMENDMENT 18-01 TO AMEND THE
GENERAL PLAN CIRCULATION ELEMENT TO RECLASSIFY SHANDIN HILLS
DRIVE FROM A LOCAL STREET TO A SECONDARY ARTERIAL
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
18th day of April 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
n
V
ABSTAIN ABSENT
1
Georgean anna. CM ,City Clerk
The foregoing Ordinance is hereby approved this 18th day of April 2018.
t
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�2 G'1�G %cG�l
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By. w
El
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EXHIBIT A
MAP OF SHANDIN HILLS DRIVE
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