HomeMy WebLinkAboutMC-15001
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ORDINANCE NO. MC -1500
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT (ZONING MAP AMENDMENT) 17-09 TO CHANGE THE ZONING
DISTRICT CLASSIFICATION FROM OFFICE INDUSTRIAL PARK (OIP) TO
INDUSTRIAL LIGHT (IL) OF TWO (2) PARCELS (APN: 0280-142-25 AND 36)
CONTAINING A TOTAL OF APPROXIMATELY 1.4 ACRES.
WHEREAS, the current City of San Bernardino Development Code was initially
implemented in 1991; and
WHEREAS, on June 12, 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 2018-036 forwarding a recommendation to the Mayor and City
Council to approve Development Code Amendment (Zoning Map Amendment) 17-09; 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 July 6,
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. Finding of Facts — Development Code Amendment (Zoning Map
Amendment 17-09
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: As stated in the City of San Bernardino General Plan, Industrial Light
designated land uses are intended to "retain, enhance, and intensify
existing uses and provide for the new development of lighter industrial
uses along major vehicular, rail, and air transportation routes serving
the City." The proposed change of the Zoning District Classification
from Office Industrial Park (OIP) to Industrial Light (IL) will be
consistent with the General Plan Land Use designation in that most of
the activities associated with the project will offer service for industrial
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vehicles (i.e. diesel trucks) and those patrons travelling along these
major arterials (S. Waterman Avenue and E. Orange Show Road).
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: The project meets all development standards set forth in the City's
Development Code, Commercial Development Design Guidelines, and
General Plan as related to service stations, convenience stores, and
alcohol sales. Therefore, there will not be a detrimental effect to the
public interest, health, safety, convenience, or welfare of the City.
SECTION 3. Compliance with the California Environmental Quality Act.
In accordance with §15060 (Preliminary Review) of the California Environmental
Quality Act (CEQA), the Planning Division conducted an environmental evaluation related to the
proposed Development Code Amendment (Zoning Map Amendment) 17-09, Conditional Use
Permit 17-29 and Public Convenience or Necessity Letter 18-03 and concluded that the proposed
Iproject is found to be exempt under § 15061(b)(2) (Review for Exemption) of CEQA. Pursuant to
§15332 (In -Fill Development Projects) of CEQA, a Class 32 Categorical Exemption consists of
projects characterized as in -fill development meeting the conditions contained within §15332 of
CEQA. The Planning Division staff has analyzed proposed Development Code Amendment
(Zoning Map Amendment) 17-09, Conditional Use Permit 17-29 and Public Convenience or
Necessity Letter 18-03 and has determined that it is Categorically Exempt from CEQA pursuant
to §15332 of the CEQA Guidelines due to the fact that: 1) the project is consistent the applicable
general plan designation and all applicable general plan policies as well as with applicable zoning
designation and regulations; 2) the proposed development is located within the City limits on less
than five (5) acres; 3) Conditions of Approval will be imposed to alleviate potential impacts; and,
4) there are no additional potential significant environmental impacts that may result from the
proposed development, establishment and operation of the proposed uses.
The Mayor and City Council having independently reviewed and analyzed the record
before it, written and oral testimony, and having exercised their independent judgment, find that
Development Code Amendment (Zoning Map Amendment) 17-09, is Categorically Exempt
pursuant to §15332 (In -Fill Development Projects) of CEQA as accepted by the Planning
Commission as to the effects of proposed Development Code Amendment (Zoning Map
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Amendment) 17-09, has been completed in compliance with CEQA and is hereby adopted and
incorporated herein by reference.
SECTION 4. Development Code Amendment (Zoning Map Amendment) 17-09 to
change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light
(IL) of two (2) parcels (APN: 0280-142-25 and 36), is hereby approved and incorporated
herein by reference as Exhibit A.
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
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, APPROVING DEVELOPMENT CODE
AMENDMENT (ZONING MAP AMENDMENT) 17-09 TO CHANGE THE ZONING
DISTRICT CLASSIFICATION FROM OFFICE INDUSTRIAL PARK (OIP) TO
INDUSTRIAL LIGHT (IL) OF TWO (2) PARCELS (APN: 0280-142-25 AND 36)
CONTAINING A TOTAL OF APPROXIMATELY 1.4 ACRES.
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 August 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
X
X
X(M)
X
X
X (5
ABSTAIN ABSENT
Georgean anna, C /, City Clerk
The foregoing Ordinance is hereby approved this 1St day of Au 2018.
r
C6:
R. Carey Davis, ayor
City of San Be ardino
Approved as to form:
Gary D. Saenz, City Attorney
By: Z-,.
n
EXI IBITA
PROJECT: DCA (ZMA) 17-09
Change the Zoning District Classification from Office
Industrial Park (OIP) to Industrial Light (IL) for 1.4 acres
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