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HomeMy WebLinkAboutItem No. 10 - 2nd Reading of Ordinance MC-1530 Approving Development Code Amendment - Norton Science Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 19, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: 2ND Reading of Ordinance of MC-1530 Approving Development Code Amendment - Norton Science Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept for final reading and adopt Ordinance No. MC-1530, approving Development Code Amendment (Zoning Map Amendment) 19 -05 to change the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities (PF) of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57 ) containing approximately 18.06 acres (Attachment 1). Background On February 5, 2020, the Mayor and City Council conducted a public hearing on Development Code Amendment (Zoning Map Amendment ) 19-05 to change the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities (PF) of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57 ) containing a total of approximately 18.06 acres. The project site is located at 230 S. Waterman Avenue, on the northwest corner of S. Waterman Avenue and E. Valley Street. A lease agreement for the site, consistent with the settlement agreement among the parties, is forthcoming. 2020-2025 Key Strategic Targets and Goals General Plan Amendment 19-01, Development Code Amendment (Zoning Map Amendment) 19-05, Subdivision 19-03 (Tentative Parcel Map 20120) and Conditional Use Permit 19-10 aligns with Key Target No. 3: Improved Quality of Life. The proposed project will establish a new charter school on a currently vacant property that will provide educational services and programs meeting the educational needs of students within the community through the construction of a new facility that will complement the surrounding developments along the south Waterman Avenue corridor. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept for final reading and adopt Ordinance No. MC-1530, approving 6625 Page 2 Development Code Amendment (Zoning Map Amendment) 19 -05 to change the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities (PF) of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57 ) containing approximately 18.06 acres (Attachment 1). Attachments Attachment 1 Ordinance No. MC-1530; Exhibit A-Zoning Map Amendment ORDINANCE NO. MC-1530 1 ORDINANCE NO. MC-1530 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 19-05 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM RESIDENTIAL SUBURBAN (RS) AND OFFICE INDUSTRIAL PARK (OIP) TO PUBLIC FACILITIES (PF) OF SIXTEEN (16) PARCELS (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, AND 57) CONTAINING A TOTAL OF APPROXIMATELY 18.06 ACRES, PURSUANT TO A MITIGATED NEGATIVE DECLARATION WHEREAS, together, General Plan Amendment 19-01, Development Code Amendment (Zoning Map Amendment) 19-05, Subdivision 19-03 (Tentative Parcel Map 20120), and Conditional Use Permit 19-10 constitute the Norton Science and Language Academy Project (“Project”); and WHEREAS, Development Code Amendment (Zoning Map Amendment) 19-05 is a request to allow the change of the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities) of sixteen (16) parcels containing a total of approximately 18-06 acres; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 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, on January 14, 2020, 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 No. 2020-005 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 19-01, Development Code Amendment (Zoning Map Amendment) 19-05, Subdivision 19-03 (Tentative Parcel Map 20120), and Conditional Use Permit 19-10 to the Mayor and City Council; and WHEREAS, notice of the February 5, 2020 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on ORDINANCE NO. MC-1530 2 January 25, 2020, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52 (Hearings and Appeals); and WHEREAS, in accordance with CEQA, and the State CEQA Guidelines, City staff has prepared and pursuant to Resolution No. 2020-26, the Mayor and City Council has adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 19-05; and WHEREAS, all other legal prerequisites in the adoption of this Ordinance have occurred. 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 by this reference. 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) 19-05 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will change the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities (PF) for the entirety of the project site containing approximately 18.06 acres. The Public Facilities (PF) Zoning District Classification is intended to provide for the continuation of existing and development of new schools, government administrative, police, fire, libraries, social service, and other public facilities. The proposed amendment will allow for the development, establishment, and operation of a charter school on the currently vacant site, which is consistent with the existing elementary school to the north of the project site and single-family residential development within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies: ORDINANCE NO. MC-1530 3 General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. General Plan Circulation Element Policy 6.9.1: Ensure that developments provide an adequate supply of parking to meet its needs either on-site or within close proximity. 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 proposed amendment to change the Zoning District Classification of the entirety of the project site from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities (PF) will facilitate the development of a charter school which is consistent with the existing elementary school to the north of the project site and supportive of the surrounding single-family residential development. The project site is generally flat, with access from S. Waterman Avenue, E. Valley Street, and S. Allen Street , fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by t he 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. Finding of Fact: The proposed amendment would result in the entirety of the project site having the Public Facilities (PF) Zoning District Classification, which upon consolidation of the property will allow for the development of a charter school. The subject property is located along a major corridor, abutting an existing elementary school, and adjacent to an existing single- family residential neighborhood. Therefore, the proposed change from Residential Suburban (RS) and Office Industrial Park (OIP) to Public ORDINANCE NO. MC-1530 4 Facilities (PF) for the project site would allow the consolidation of educational facilities nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City. Although the site is currently contemplated for use as a charter school, the revised zoning designation can accommodate university or other educational housing. It may also accommodate residential units in connections with a social services use assuming the appropriate are obtained 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 sixteen (16) parcels that are proposed to be subdivided into two (2) parcels containing approximately 15.66 acres (Parcel 1) and 2.20 acres (Parcel 2). The project site is generally flat, with access from S. Waterman Avenue, E. Valley Street, and S. Allen Street. Utilities are available directly from S. Waterman Avenue. The project site is sufficient in size to meet parking, loading, and landscaping requirements for the proposed charter school. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 4. Development Code Amendment (Zoning Map Amendment) 19-05 to change the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) TO Public Facilities (PF) of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. SECTION 5. Notice of Determination: The Planning Division of the Community and Economic 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. Custodian of Records: The documents and materials that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. 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. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. ORDINANCE NO. MC-1530 5 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 City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney ORDINANCE NO. MC-1530 6 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-____, adopted at a regular meeting held at the ___ day of _________, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2020. Georgeann Hanna, MMC, City Clerk PROJECT: DCA (ZMA) 19-01 CHANGE THE ZONING DISTRICT CLASSIFICATION FROM RESIDENTIAL SUBURBAN (RS) AND OFFICE INDUSTRIAL PARK (OIP) TO PUBLIC FACILITIES (PF) OF SIXTEEN (16) PARCELS (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, AND 57 ) CONTAINING A TOTAL OF APPROXIMATELY 18.06 ACRES NORTH EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) PROJECT SITE