ORDINANCE NO. MC-1654
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2 ORDINANCE NO. MC-1654
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 24-01 TO CHANGE THE
ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL
MEDIUM (RM) OF FOURTEEN (14) PARCELS (APNS:
0142-041- 09, -10, -11, 17, -18, -20, -21, -32, -33, -34, -44; AND 0142-521-01, -02, AND -03) CONTAINING A TOTAL OF
APPROXIMATELY 15.71 ACRES, PURSUANT TO A
MITIGATED NEGATIVE DECLARATION
WHEREAS, together, General Plan Amendment 24-01, Development Code Amendment (Zoning Map Amendment) 24-01, Subdivision 24-04 (Tentative Tract Map 20695), and Development Permit Type-P 24-04 constitute the Foothill and Macy Route 66 Residential Development Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 24-01 is a request to allow the change of the Zoning District Classification from Commercial General (CG- 1) to Residential Medium (RM) of fourteen (14) parcels containing approximately 15.71 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 June 10, 2025, 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. 2025-030 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 24-01, Development Code Amendment (Zoning Map Amendment) 24-01, Subdivision 24-04 (Tentative Tract Map 20695), and Development Permit Type-P 24-04 to the Mayor and City Council; and
WHEREAS, notice of the July 16, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 5, 2025, and was mailed to the owners and tenants of property located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and ORDINANCE NO. MC-1654
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2 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 recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; 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) 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. 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) 24-01
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 Commercial General (CG-1) to Residential Medium (RM) for the entirety of the project site containing approximately 15.71 acres. The Residential Medium (RM) Zoning District Classification is intended to provide for residential development with a maximum of twelve (12) residences per acre. The proposed amendment will allow for the development and establishment of a Planned Residential Development comprised of one hundred thirty-eight (138) detached single-family residences which provide a density of nine (9) residences per acre and is consistent with the surrounding single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies:
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.
ORDINANCE NO. MC-1654
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2 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.
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 Commercial General (CG-1) to Residential Medium (RM) will facilitate the development and establishment of a Planned Residential Development comprised of one hundred thirty-eight (138) detached single-family residences which is consistent with the surrounding single-family residential developments. The project site is generally flat, with access from N. Dallas Avenue and N. Macy 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 the proposed amendment have been addressed in the Draft 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 Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Residential Development comprised of one hundred thirty-eight (138) detached single-family residences. The subject property is located adjacent to an existing single-family residential neighborhood. Therefore, the proposed change from Commercial General (CG-1) to Residential Medium (RM) for the project site would allow the proposed project to be harmonious to existing residential uses, thereby providing for an appropriate balance of land uses within the City as support the City’s Regional Housing Needs Assessment numbers.
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 fourteen (14) parcels that is proposed to be subdivided into one hundred thirty-eight (138) single- ORDINANCE NO. MC-1654
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2 family residential lots and common open spaces to correspond to the proposed Planned Residential Development. Utilities are available directly from Foothill Boulevard. There are no physical constraints on the site, such as steep slopes or watercourses.
SECTION 4.Development Code Amendment (Zoning Map Amendment) 24-01 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of fourteen (14) parcels (APNs: 0142-041-09, -10, -11, 17, -18, -20, -21, -32, -33, -34, -44; and 0142-521-01, -02, and -03), 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 Development and Housing 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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2025.
ORDINANCE NO. MC-1654
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2 Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
ORDINANCE NO. MC-1654
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2 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1654, introduce by the City Council of the City of San Bernardino, California at a regular meeting held on 16 th day of July 2025. Ordinance No. MC-1654 was approved, passed and adopted at a regular meeting held the ___ day of _________, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2025.
Telicia Lopez, Acting City Clerk