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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager.
Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 – Amazing 34
Project
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1) Adopt Resolution No. 2024-078 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Development Permit Type-D 20-03 to allow the development and establishment of an industrial warehouse containing approximately 89,475 square feet on a project site comprised of three (3) parcels containing a total of approximately 4.02 acres located on the northeast corner of S. Waterman Avenue and E. Central Avenue (Attachment 1); and
2) Introduce for first reading, Ordinance No. MC-1637 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment 4).
3) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on May 15th, 2024.
Executive Summary
The proposal involves the development of an industrial warehouse on a site located within the proposed Industrial Light (IL) zone.
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Background
On February 13, 2024, the Planning Commission considered Resolution No. 2024-004, forwarding a recommendation that the Mayor and City Council (Attachment 9) to:
1)Adopt the Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03; and
2)Adopt the Mitigation Monitoring and Reporting Program for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03; and
3)Approve Development Code Amendment (Zoning Map Amendment) 20- 05 and Development Permit Type-D 20-03 based on the Findings of Fact and subject to the recommended Conditions of Approval.
After opening the public hearing and receiving public testimony, the Planning Commission voted (4-2) to approve Resolution No. 2024-004 for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03. However, pursuant to SBMC Section 2.22.030, recommendations for amendments to the Municipal Code shall be by the affirmative vote of not less than a majority (five) of the total membership of the Planning Commission. Since there were only six commissioners voting, and two Commissioners casting dissenting votes, Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 is presented without a formal recommendation of approval from the Planning Commission. At this meeting, there were only six Planning Commissioners present out of the nine total Planning Commissioners. One Planning Commission position remains vacant.
Discussion
The applicant is requesting the approval of Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 pursuant to the requirements of Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code.
Setting and Site Characteristics:
The project site is located at 791 S. Waterman Avenue, on the northeast corner of S.
Waterman Avenue and E. Central Avenue, within the Office Industrial Park (OIP) and Industrial Light (IL) zones.
The project site previously had two warehouse buildings located onsite. As described in detail in Attachment 7 (Section 2.3, Existing Conditions), a fire caused by trespassing vagrants destroyed one of the warehouse buildings at which point it had become a hazard. In March 2021, the San Bernardino County Fire Protection District declared the property unsafe and subject to immediate demolition. A permit application for demolition was submitted to the City on March 3, 2021, and Demolition Permit (D2100012) was 2 0
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issued on April 29, 2021.The Demolition Permit also covered the second warehouse building because the trespassing vagrants had stripped out the electrical and mechanical infrastructure in the second building, making it susceptible to hazards. The demolition work was completed April through June 2021. The existing areas consist of graded dirt.
Trespassing by vagrants on the vacant project site (including illegal camping, fires, and trash dumping) continues to be an issue, despite the applicant’s efforts to prevent trespassing with fencing and other measures.
At the time environmental review commenced, the two warehouse buildings were in place, so impacts were analyzed to include their demolition, resulting in a more conservative environmental impact analysis. Demolition of the prior buildings, however, is not part of the proposed project because the demolition work has already been completed pursuant to the emergency orders.
Table 1, below, provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.
TABLE 1: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL PLAN
DESIGNATION
Site Vacant Office Industrial Park (OIP)
/ Industrial Light (IL) Industrial
North Single-Family Residential /
Industrial Office Industrial Park (OIP) Industrial
South Single-Family Residential /
Vacant
Office Industrial Park (OIP)
/ Industrial Light (IL) Industrial
East Single-Family Residential /
Vacant Industrial Light (IL) Industrial
West Office / Industrial Office Industrial Park (OIP) Industrial Analysis
The proposed project meets the Development Standards outlined in the City of San Bernardino Development Code for the Industrial Light (IL) zone for warehouses, subject to approval of the associated Development Code Amendment (Zoning Map Amendment).
Land Use
The proposal consists of the construction of an approximately 89,475 square-foot warehouse facility on a site containing approximately 4.02 acres. Approximately 4,560 square feet portion of the building will be used for office and wholesaling, with the remainder dedicated for the warehouse facility. The project has been designed for warehousing and wholesaling for fashion merchandise (no refrigeration). No intensive manufacturing uses would be permitted within the Industrial Light (IL) zone, and none is being proposed as part of this application. The applicant intends for the proposed project to be owned and occupied for its family-run fashion merchandise business. 2 0
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Architecture
The architectural design of the proposed building is highlighted by the prominent corner element located at the intersection of S. Waterman Avenue and E. Central Avenue.
Significant vertical and horizontal articulation has been provided to reduce the massing of the building elevations. Additionally, glazed windows have been added to complement the existing office development located near the subject site.
Site Design/Access
The project site, as proposed, has direct access from two (2) new driveways located along S. Waterman Avenue and E. Central Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to the off- street parking areas. Designated "paths of travel" have also been provided to ensure pedestrian safety.
Parking
The project has been designed to provide a total of 94 vehicular parking stalls on site, whereas 81 parking spaces are required. An additional 16 stalls have been provided for truck and trailer parking at the building.
Landscaping
Landscaped planters will be provided surrounding the project site with particular emphasis throughout the vehicular parking areas and along the street frontages. A total of 23,389 square feet of the setbacks and parking areas will be landscaped.
Traffic
The City's Traffic Engineering Division has reviewed the Traffic Scoping Form / VMT Analysis prepared for the proposed project and concluded that the project will have no significant impacts on the surrounding roadways or intersections.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:
✓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.
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✓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.
The proposed project implements the above General Plan goals and policies in that the proposed development has been designed with quality architectural treatments.
Redevelopment of the site will be done in a manner that will enhance the physical and visual qualities of the subject property through significant landscaping, thereby enhancing the aesthetics of the surrounding area. Additionally, through this proposal the existing property will be transformed from an underutilized property into a development that meets the City’s economic development goals, while satisfying the Development Code requirements, and will be adequately regulated through the Conditions of Approval to minimize potential impacts.
California Environmental Quality Act
In accordance with State CEQA Guidelines Section 15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted, and the Planning Division accepted an Initial Study/Mitigated Negative Declaration (Attachment 6) prepared in connection with Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03. Accordingly, pursuant to State CEQA Guidelines Section 15072 (Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 was posted on April 9, 2022, for the CEQA-mandated twenty (20) day public review and comment period.
During the twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the project, comments were received from Lozeau Drury, LLP on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”). Additional comments from SAFER and Southwest Regional Council of Carpenters (“SWRCC”) were received outside the public review period on the Initial Study/Mitigated Negative Declaration. The applicant’s environmental consultants provided written responses to the comments to the satisfaction of City staff. Revisions were made to the Initial Study/Mitigated Negative Declaration in response to the comments. The Final Initial Study/Mitigated Negative Declaration showing revisions made to the Draft Initial Study/Mitigation Negative Declaration is included as Attachment
7. Comments on the Initial Study/Mitigated Negative Declaration and responses are included in Attachment 8.
No new significant environmental effects have been identified in the Final Initial Study/Mitigated Negative Declaration and no changes to the Final Initial Study/Mitigated Negative Declaration constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5.
2021-2025 Strategic Targets and Goals
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Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 aligns with Key Target No. 4: Economic Growth & Development.
The proposed development will rezone an existing property to Industrial Light (IL) to create consistency within the project area and develop a new industrial warehouse that will provide an economic benefit to the City.
Fiscal Impact
Development impact fees associated with the project will be approximately $260,910. City services will be provided to this project similar to other industrial developments within the city and surrounding area.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1) Adopt Resolution No. 2024-078 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Development Permit Type-D 20-03 to allow the
development and establishment of an industrial warehouse containing approximately 89,475 square feet on a project site comprised of three (3) parcels containing a total of approximately
4.02 acres located on the northeast corner of S. Waterman Avenue and E. Central Avenue (Attachment 1); and
2) Introduce for first reading, Ordinance No. MC-1637 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment 4).
3) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on May 15th, 2024. 4)
Attachments
Attachment 1 Resolution No. 2024-078 (Adopting MND/MMRP and Approving DP-D 20-03)
Attachment 2 Resolution No. 2024-078 (Adopting MND/MMRP and Approving DP-D 20-03) – Exhibit A (Project Plans)
Attachment 3 Resolution No. 2024-078 (Adopting MND/MMRP and Approving DP-D 20-03) – Exhibit B (MMRP)
Attachment 4 Ordinance No. MC-1637 (Approving DCA [ZMA] 20-05) Attachment 5 Ordinance No. MC-1637 (Approving DCA [ZMA] 20-05) – Exhibit A (Zoning Map Amendment)
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Attachment 6 Draft IS/MND
Attachment 7 Final IS/MND
Attachment 8 Comments on the IS/MND and Responses
Attachment 9 PC Resolution No. 2024-004
Attachment 10 PowerPoint
Attachment 11 Newspaper Publication
Ward:
Third Ward
Synopsis of Previous Council Actions:
N/A