Ordinance No. Mc-1627
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6 ORDINANCE NO. MC-1627
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-01
CHANGING THE ZONING DISTRICT CLASSIFICATION
OF SPECIFIC PARCELS TO MEET THE CITY’S
REGIONAL HOUSE NEEDS ALLOCATION (RHNA),
PURSUANT TO THE ADDENDUM TO FINAL
ENVIRONMENTAL IMPACT REPORT (SCH NO.
2004111132).
WHEREAS, together, General Plan Amendment 24-01 and Development Code Amendment 24-01 constitute the City of San Bernardino 2021-2029 Housing Element ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-06 is a request to allow the change the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); 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, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of CEQA, the Planning Division of the Community and Economic Development Department accepted the Addendum to the Final Environmental Impact Report prepared by Kimley-Horn on behalf of and submitted by the applicant for the Project; and WHEREAS, on January 30, 2024, 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. 2024-002 - PC recommending the adoption of the Addendum to the Final Environmental Impact Report, and the approval of General Plan Amendment 24-01 and Development Code Amendment 24-01 to the Mayor and City Council; and WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on February 10, 2024, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); 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 trigger recirculation of the Addendum to the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15164; and
Ordinance No. Mc-1627
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6 WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-01; and
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. In accordance with Section 15164 (Addendum to an EIR), as the decision-making body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for General Plan Amendment 24-01 and Development Code Amendment 24-01, and the Final Environmental Impact Report (SCH #2004111132) certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005). Based upon the facts and information contained in the administrative record and the previously certified Final Environmental Impact Report, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find as follows:
(1) The environmental impacts of this project were previously analyzed in the Final Environmental Impact Report certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005) and within the Addendum for the approval for General Plan Amendment 24-01 and Development Code Amendment 24-01; and (2) The certified Final Environmental Impact Report and the Addendum contains a complete and accurate reporting of the environmental impacts associated with the project; and (3) The certified Final Environmental Impact Report and the Addendum was completed in compliance with CEQA and the Guidelines promulgated thereunder; and (4) The certified Final Environmental Impact Report and the Addendum reflects the independent judgment of the Mayor and City Council; and (5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified Final Environmental Impact Report, and all mitigation measures previously adopted with the Mitigated Monitoring and Reporting Program and the Addendum are incorporated herein by this reference.
SECTION 3.Finding of Facts – Development Code Amendment 24-01.
Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendments meet certain finding prior to approval by the Mayor and City Council.
Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 24-01:
Ordinance No. Mc-1627
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6 Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 24-01 is consistent with the General Plan, in that the proposed addition of the subzones RMH-32 and RH-50 implements the previously established intended uses of the Residential Medium High (RMH) and Residential High (RH) zones, while allowing for increased densities that will assist the City in meeting its RHNA.
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 adoption and implementation of Development Code Amendment 24- 01 will create two (2) subzones, RMH-32 and RH-50, that will require future development at the same standards and subject to the same permitted uses as the existing Residential Medium High (RMH) and Residential High (RH) zones. Therefore, no development is anticipated that would be detrimental to the public interest, health, safety, convenience, or welfare of the City
SECTION 4.Adoption of Ordinance. Development Code Amendment 24-01 to change the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); attached hereto and incorporated herein by reference as Exhibit “A” through “B”, 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.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.
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.
Ordinance No. Mc-1627
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6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2024.
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Helen Tran, Mayor
City of San Bernardino
Attest:
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Genoveva Rocha, CMC, City Clerk
Approved as to form:
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Sonia Carvalho, City Attorney
Ordinance No. Mc-1627
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6 CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1627, introduced on February 21, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
______________________________
Genoveva Rocha, CMC, City Clerk