HomeMy WebLinkAboutMC-1513Ordinance No. MC -1513
ORDINANCE NO. MC -1513
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 18-03 TO CHANGE THE
ZONING DISTRICT CLASSIFICATION FROM
RESIDENTIAL MEDIUM HIGH (RMH) TO
COMMERCIAL GENERAL (CG -1) OF ONE (1) PARCEL
(APN: 0280-131-28) CONTAINING A TOTAL OF
APPROXIMATELY 0.39 ACRES, PURSUANT TO A
MITIGATED NEGATIVE DECLARATION.
WHEREAS, together, General Plan Amendment 18-02, Development Code Amendment
(Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 constitute the Fast 5 Xpress
Car Wash Project ("Project"); and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub.
Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs.,
§ 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project;
and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a mitigated negative declaration was the appropriate environmental review
procedure under CEQA, because all potential significant impacts of the Project can be mitigated
to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration ("MND") and Mitigation Monitoring and
Reporting Program ("MMRP") were prepared for the Project; and
WHEREAS, the Mayor and City Council, having independently reviewed and
considered the MND and MMRP, and the entire record related thereto, have certified that the
MND has been completed in compliance with the requirements of CEQA, and that, with the
incorporation of identified mitigation measures, there is no substantial evidence supporting a fair
argument that approval of the Project will result in a significant effect on the environment; and
WHEREAS, on October 9, 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 2018-059 recommending the adoption of the Mitigated Negative
Declaration, and the approval of General Plan Amendment 18-02, Development Code
Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 to the Mayor
and City Council; and
WHEREAS, notice of the public hearing for the Mayor and City Council's consideration
of this proposed Resolution was published in The Sun newspaper on January 5, 2019, and was
Ordinance No. MC -1513
mailed to property owners within a 500 foot radius of the project site in accordance with
Development Code Chapter 19.52; and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council and no additional information submitted to the City Council, has produced substantial
new information requiring substantial revisions that would trigger additional environmental
review under State CEQA Guidelines section 15073.5.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Compliance with the California Environmental Quality Act. The City
Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3. Finding of Facts — Development Code Amendment (Zoning _ Map
Amendment) 18-03
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The project site, which is owned entirely by HHI San Bernardino, LLC, is
currently a mix of vacant commercial property and underdeveloped
residential property. The proposed amendment will result in removing the
existing Residential Medium High (RMH) General Plan Land Use
Designation from a portion of the project site, resulting in the entire site
having the Commercial General (CG -1) General Plan Land Use
Designation.
The Commercial General (CG -1) General Plan Land Use Designation is
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 change in the General Plan Land Use
Designation would provide a single land use/zone over the entire 1.32 acre
parcel and would allow the development, establishment, and operation of a
drive-thru express carwash containing approximately 5,486 square feet
(Fast 5 Xpress Car Wash), which is consistent with other commercial
retail and service uses within the project area. The project is also
consistent with the following General Plan goals and policies:
Ordinance No. MC -1513
Goal 4.1 encourages economic activity that capitalizes
upon the transportation and locational strengths of San
Bernardino.
The proposed change of the General Plan Land Use
Designation and Zoning District Classification from
Residential Medium High (RMH) to Commercial General
(CG -1) will capitalize on the existing local and regional
commuter traffic along the corridor.
Policy 5.7.3 requires that new development maintain
architectural interest and variety through varied rooflines,
building setbacks, and detailed faVade treatments, and
maintain a strong sense of project identity through
similarities in faVade organization, signage, landscaping,
material use, colors, and roof shapes.
The proposed project implements the above General Plan
policy in that the proposed development includes a new
commercial building and been designed with high-quality
facade treatments and a varied roofline that incorporates
distinct signage, which will provide additional architectural
interest.
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 proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the amendment
from Residential Medium High (RMH) to Commercial General (CG -1)
will facilitate the development of a drive-thru express carwash, which is
consistent with the commercial retail and service uses within the project
vicinity. The project site will be generally flat, with access from S.
Tippecanoe Avenue (via E. Gould Street and E. Davidson Street), fully
served by utility providers, and constructed in accordance with all
applicable codes and regulations, and will not result in the need for the
excessive provision of services. Additionally, any potential impacts
created by the proposed amendment have been addressed in the Final
Initial Study/Mitigated Negative Declaration and appropriate mitigation
measures have been included within the Mitigation Monitoring and
Reporting Program.
Finding No. 3: The proposed amendment would maintain the appropriate balance of land
uses within the City.
Ordinance No. MC -1513
Finding of Fact: The proposed amendment would result in the project site having the
Commercial General (CG -1) Zoning District classification, which, upon
consolidation of the property, will allow for the development of a drive-
thru express carwash. The subject property is located along a major
arterial that supports other existing local and regional commercial uses.
Therefore, the proposed change from Residential Medium High (RMH) to
Commercial General (CG -1) for the one (1) parcel would increase the
commercial designation along a major corridor creating greater
consistency with other properties located along the existing commercial
corridor and providing for an 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
absence of physical constraints) for the requested land use designation and
the anticipated land use development.
Finding of Fact: The project site is currently comprised of four (4) parcels that are
proposed to be merged into one (1) parcel containing a total of
approximately 1.32 acres. The project site will be generally flat, with
access from S. Tippecanoe Avenue (via E. Gould Street and E. Davidson
Street). Utilities are available directly from S. Tippecanoe Avenue. The
project site is sufficient in size to meet parking, loading, and landscaping
requirements for the proposed drive-thru express carwash. There are no
physical constraints on the site, such as steep slopes or watercourses.
SECTION 4. Development Code Amendment (Zoning Map Amendment) 18-03 to
change the Zoning District Classification from Residential Medium High (RMH) to Commercial
General (CG -1) of one (1) parcel (APN: 0280-131-28), attached hereto and incorporated herein
by reference as Exhibit A, is hereby approved.
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 approving the
Project.
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 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.
Ordinance No. MC -1513
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the Cityyyunftnd signed by the N layor and attested
by the City Clerk this 6 b day of February 2019. i
Sohn Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Hanna, MMC, City Clerk
Approved as to form:
/t L �e--D��� Z --
Gary D. Saenz, City Attorney
Ordinance No. MC -1513
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC -1513, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the Ie day of January 2019. Ordinance No. MG1513 was
approved, passed, and adopted at a regular meeting held the 6d` day of February 2019 by the
following vote:
Council Members:
SANCHEZ
MARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 6''- day of February 2019.
Georgean antra; MMC, CitS� Clerk
EXHIBIT A - DEVELOPMENT CODE AMENDMENT
PROJECT: DCA (ZMA)18-03
Change the Zoning District Classification from Residential
Medium High (RMH) to Commercial General (CG -1) for
0.39 acres. NORTH