HomeMy WebLinkAboutMC-14951
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ORDINANCE NO. MC -1495
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 16-07
AND DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-08
TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM SINGLE-
FAMILY RESIDENTIAL TO COMMERCIAL AND ZONING DISTRICT
CLASSIFICATION FROM RESIDENTIAL SUBURBAN (RS) TO COMMERCIAL
GENERAL (CG -1) OF ONE (1) PARCEL (APN: 0141-222-15) CONTAINING
APPROXIMATELY 10,000 SQUARE FEET.
WHEREAS, the current City of San Bernardino Development Code was initially
implemented in 1991; and
WHEREAS, on February 20, 2018, the Planning Commission of the City of San
Bernardino held a duly noticed public hearing to consider public testimony and the staff
report, considered a motion to adopt Resolution 2018-013 forwarding a recommendation to
the Mayor and City Council, and the motion failed; and
WHEREAS, the application for General Plan Amendment 16-07 and Development
Code Amendment (Zoning Map Amendment) 16-08 has been forwarded to the Mayor and
City Council without a formal recommendation from the Planning Commission; 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 May 25,
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 16-07:
Finding No. 1: The proposed amendment is internally consistent with the General Plan.
Finding of Fact: The proposed amendment will result in a change to the existing General
Plan Land Use Designation from Single -Family Residential to
Commercial for one (1) of the two (2) parcels to establish consistency
in the Land Use Designation across the site. The Commercial Land Use
Designation accommodates a full spectrum of retail, service,
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I Finding No. 2:
Finding of Fact
professional, office, and entertainment uses at a range of intensities to
meet the demand of current and future residents. The change of the
General Plan Land Use Designation would allow the development of a
service station, convenience store, and express drive-thru carwash
facility, which is consistent with the commercial uses in the project
vicinity. The project is also consistent with the following General Plan
Goal:
General Plan Land Use Element Policy 2.10.2 - Permit
amendments to the General Plan in accordance with the
following:
(b) Mapping/Policy Amendment — involves changes in land
use designations, basic assumptions, the vision, or
policies and requires approval by the Mayor and City
Council and a recommendation by the Planning
Commission.
The parcel that is designated for Single -Family Residential
development is a single, residential parcel left over from the CalTrans
project to widen the I-215 freeway. Previously, the parcel was abutting
several other residentially zoned parcels. The proposed change to the
General Plan Land Use Designation from Single -Family Residential to
Commercial will allow the entire corner on which these parcels are
located to be used for commercial purposes, which will capitalize on
the site's proximity to the freeway, and fix the issue of having a single
parcel designated for residential purposes, and will allow the
development to act as a freeway buffer for the existing residential
properties across from this site.
The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
Any potential impacts created by the proposed amendment have been
addressed in the Initial Study and appropriate mitigation measures have
been identified by the Mitigated Negative Declaration/Mitigation
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Monitoring and Reporting Program 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 would change the General Plan Land Use
Designation of one (1) small parcel from Single -Family Residential to
Commercial in order to establish a more appropriate use at the location
and create consistency among land uses between the parcels identified
for the development, establishment, and operation of a service station,
convenience store, and express drive-thru carwash facility and create
Finding No. 4:
I Finding of Fact:
greater consistency with the surrounding properties and provide for an
appropriate balance of land uses within the City limits.
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.
The project site is currently consists of two (2) parcels and an alleyway
that will be merged to create one (1) parcel containing approximately
0.75 acres that will have direct access at two (2) locations along Scenic
Drive and one (1) location along Inland Center Drive. Utilities are
available directly from the previous commercial development on the
site. 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. Finding of Facts — Development Code Amendment (Zoning Map
Amendment 16-08
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The proposed amendment will change the existing Zoning District
Classification of one (1) parcel from Residential Suburban (RS) to
Commercial General (CG -1). The Commercial General (CG -1) Zone is
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intended to provide for the continued use, enhancement, and new
development of retail, personal service, entertainment, office and
related commercial uses along major transportation corridors and
intersections to service the needs of the residents. The new Commercial
General (CG -1) Zoning designation of one parcel associated with the
proposed project will provide for the accommodation of the
development, establishment and operation of a service station,
convenience store, and express drive-thru carwash facility containing a
total of approximately 8,229 square feet adjacent to the I-215 Freeway
on-ramp at Inland Center Drive.
General Plan Land Use Element Goal 2.2 - Promote
development that integrates with and minimizes impacts on
surrounding land uses.
The proposed change to the Zoning District Classification from
Residential Suburban (RS) to Commercial General (CG -1) will create
consistency across the proposed project site and will minimize the
impact to surrounding land uses by placing a commercial use adjacent
to the freeway on/off ramp and creating a buffer from the freeway to
existing residences.
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 Initial Study and appropriate mitigation measures have
been identified by the Mitigated Negative Declaration/Mitigation
Monitoring and Reporting Program and will not be detrimental to the
public interest, health, safety, convenience, or welfare of the City.
SECTION 4. Compliance with the California Environmental Quality Act.
The Mayor and City Council having independently reviewed and analyzed the record
before it, including the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and written and oral testimony, and having exercised their independent judgment, find
that General Plan Amendment 16-07, and Development Code Amendment (Zoning Map
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Amendment) 16-08, will have no significant adverse effect on the environment with the adoption
of the Mitigated Negative Declaration and approval of the Mitigation Monitoring and Reporting
Program; and, find that the Mitigated Negative Declaration as accepted by the Planning
Commission as to the effects of proposed General Plan Amendment 16-07, and Development
Code Amendment (Zoning Map Amendment) 16-08, has been completed in compliance with
CEQA and is hereby adopted and incorporated herein by reference.
SECTION 5. General Plan Amendment 16-07, and Development Code Amendment
(Zoning Map Amendment) 16-08 to change the General Plan Land Use Designation from
Single -Family Residential to Commercial and the Zoning District Classification from
Residential Suburban (RS) to Commercial General (CG -1) of one (1) parcel (APN: 0141-222-
15), is hereby approved and incorporated herein by reference as Exhibit A.
SECTION 6. Notice of Determination: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination 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 7. SeverabililV: 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, APPROVING GENERAL PLAN AMENDMENT 16-07
AND DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 16-08
TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM SINGLE-
FAMILY RESIDENTIAL TO COMMERCIAL AND ZONING DISTRICT
CLASSIFICATION FROM RESIDENTIAL SUBURBAN (RS) TO COMMERCIAL
GENERAL (CG -1) OF ONE (1) PARCEL (APN: 0141-222-15) CONTAINING
APPROXIMATELY 10,000 SQUARE FEET.
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
20th day of June 2018, by the following vote, to wit:
Council Members:
AYES NAYS ABSTAIN ABSENT
MARQUEZ
x_
BARRIOS
x
VALDIVIA
x (S)
SHORETT
NICKEL
C
RICHARD
MULVIHILL
Georgeann ff4nna, CMC, ity Clerk
The foregoing Ordinance is hereby approved this 20th day of June 2018.
2 J
R. Carey Da is, Mayor
City of SaryBemardino
Approved as to form:
Gary D. Saenz, City Attorney
�,� �-
By:
E
Exhibit A
PROJECT: GPA 16-07 & DCA (ZMA) 16-08
Change the General Plan Land Use designation
from Single Family Residential to Commercial
and Zoning District Classification from NORTH
Residential Suburban (RS) to Commercial
General (CG -1) for ± 10,000 square feet
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