HomeMy WebLinkAbout05.D- Community Development RESOLUTION 2013-36 DOC ID: 2255 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 03/04/2013
Prepared by: Tony Stewart,
Dept: Community Development Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving General
Plan Amendment No. 12-03, to Separate the General Plan Land Use Map from a New Zoning
Map; and an Ordinance Approving Development Code Amendment No. 13-01, to Revise the
Development Code Regarding the Separation of the General Plan and Zoning Maps and to
Establish New Standards and Procedures for Processing Zoning Map Amendments. (FINAL
READING)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There will be no impact to the General Fund.
Motion: Adopt the Ordinance.
Synopsis of Previous Council Action:
None.
Back round•
This is a City-initiated request for a General Plan Amendment and a Development Code
Amendment to establish a Zoning Map separate from the City's General Plan Land Use Map,
and to establish procedures in the Development Code for the implementation of Zoning Map
Amendments.
As discussed at the July 25, 2012, and January 23, 2013, Planning Commission meetings, staff is
bringing forth a City-initiated proposal to have separate General Plan Land Use and Zoning
Maps. Since 1991, the City has maintained a single map that combines the General Plan Land
Use districts and zones. However, this is not the practice typical of the majority of cities in San
Bernardino County or statewide, nor is the use of a single map consistent with good planning
practice. Additionally, certain state laws have changed with regard to notifying parties of
General Plan Amendments since 1991, leading to unavoidable delays detrimental to developers.
Therefore, staff has been working for the past several months on separate Zoning and General
Plan Land Use Maps.
The Legislative Review Committee (LRC) reviewed the proposed request on December 18,
2012, and voted unanimously to recommend that the project be moved to the Planning
Commission. The Planning Commission heard the application on January 23, 2013, and
unanimously recommended approval of the request to the Mayor and Common Council.
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Analysis:
�- survey
Staff surveyed 62 California cities with populations over 100,000 and all of the agencies within
San Bernardino County to determine whether the agencies had separate General Plan Land Use
and Zoning Maps, or if the maps were combined. Of the agencies surveyed, only seven (11%),
in addition to the City of San Bernardino, had combined maps. Of these, four are located in San
Bernardino County (Adelanto, Victorville, Yucaipa and San Bernardino County). Of the
remainder (Daly City, Murrieta and Richmond), Murrieta is in the process of separating its
General Plan Land Use and Zoning Maps. The remaining cities (89%), which are a mix of
General Law and Charter cities, all have separate maps. The details of this survey are contained
in Attachment 3.
Planning Practice
The General Plan provides the long-range goals and policies for development of the City, taking
into account the City's future conditions and needs. General Plans are typically just that - they
are general in nature, with their applications to individual parcels being limited. On the other
hand, the Development Code and related Zoning Map provide a set of regulatory development
standards and site-specific zoning designations that are used on a day-to-day basis to direct
development at a parcel-specific level. According to the American Planning Association's
Plannine and Urban Design Standards, overlapping zoning and General Plan land use maps
should be avoided. This is due to the nature of a General Plan, which provides the more general
policies that guide the long-term development of the City, while zoning is regulatory, and
therefore, the use of the General Plan for the purpose of implementing parcel-specific zoning
requirements can diminish the integrity of the General Plan as a long-range planning document
and require the General Plan to be amended every time there is a rezoning. Further, since the
process to update the General Plan involved a great deal of public input, there is the perception
of those members of the public who participated in the process that their long-range vision for
the City be adhered to, and not changed frequently. It should also be noted that state law
requires the Zoning Ordinance and related map to be consistent with the General Plan.
SB 18
In 1994, the state legislature approved into law SB 18, the Tribal Consultation requirements.
This law requires local agencies, including charter cities, to notice all applicable tribes of any
General Plan Amendment. Notification includes an initial 90-day consultation period, and a 45-
day standard state notification. Therefore, such notification could potentially take as long as 135
days, potentially delaying an application for a General Plan Amendment. Changes to the zoning
map are not required to comply with SB 18. Additionally, this process places extra costs and
unnecessary delays upon developers.
Simplification
State law calls for a land use element that designates the proposed general distribution and
® general location and extent of the uses of land for housing, businesses, industry, open space and
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other public and private use of land. These are typically broad categories of land uses, and for
each land use category,there may be several zoning districts that are more parcel-specific.
Currently, there are 37 General Plan Land Use/Zoning Classifications plus three overall districts
included on the City's combined Land Use/Zoning Districts Map. The proposed General Plan
Map will create six broad General Plan Land Use designations (Single-Family Residential,
Multiple Family Residential, Commercial, Industrial, Public/Quasi-Public, and Open Space) plus
two overlay districts (Transit District and Specific Plans). Within these categories, the number
of zoning categories will vary. Table 1,below, provides an example comparison of the proposed
broad residential land use categories that would be on the General Plan Land Use Map and the
proposed more site-specific zoning categories that would be included on the Zoning Map.
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TABLE 1
Proposed General Plan Land Use Categories Proposed Zoning Categories
Single-Family Residential RE (Residential Estate)
RL (Residential Low)
RS (Residential Suburban)
RU (Residential Urban)
Multiple Family Residential RM (Residential Medium)
RMH (Residential Medium High)
RH (Residential High)
RSH (Residential Student Housing
City Staffing
It is important to make processes as efficient as possible, to enable staff to provide quality
service to all customers. At all times, but especially when a city is so severely short of funds, it
is incumbent upon staff to ensure that all measures are taken to eliminate unnecessary time
delays,to allow prompt processing of new development applications.
As noted above, all General Plan Amendment applications are subject to the requirements of SB
18. This puts an unnecessary burden on staff in that letters must be written, on several occasions
to the seven tribes with interests in the City as well as attending any meetings requested by the
tribes during the consultation process.
Since the majority of changes to the maps are expected to be to the new Zoning Map, this issue
can be circumvented. It should be noted that changes to the Zoning Map, like General Plan
Amendments, will still require a recommendation from the Planning Commission and final
action by the Mayor and Common Council
General Plan Text Amendments
To ensure that the General Plan is consistent with the proposed Zoning Map, staff is
recommending several revisions to the General Plan, discussed below. The General Plan can be
found in its entirety on the City's website at the following address: http://www.ci.san-
bemardino.ca.us/pdf/DevSvcs/General%20P1an%20Document.pdf, while the updated 2011
Housing Element can be found on the City's website at the following address:
http://www.ei.san-bemardino.ca.us/civica/filebank/blobdload.asp?BlobID=11437.
Land Use Element
• Revise the fast two paragraphs on page 2-3 ("Relationship to Land Use Regulatory
Documents") as follows:
AppeadiK-4Table LU-2 describes the relationship between the
General Plan Land Use Designations and the Zoning Districts.
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The Development Code and Zoning Map are available at the City of San Bernardino
ommunity Development Department.
• Revise the first paragraph on page 2-11 ("Land Use Map")as follows:
"The General Plan Land Use Map(Figure LU-2) describes the distribution of land uses at
a parcel specific level. T4e43Each land use designation shown en tWs map fuAh
delineates the basic Foundation Component Plan designations and contains the specific
description of allowable land uses and development standards for each land use
category."
• Replace the existing General Plan Land Use Map (Figure LU-2) with the proposed
General Plan Land Use Map.
• Revise the text on page 2-15 ("Land Use Designations") as follows:
"Land use designations are provided to define the amount, type, and nature of
development that is allowed in a given location on the Land Use Plan. The following
table, Table LU-2, describes each of the land use designations shown on the Land Use
Plan, as well as the zonirte. density and intensity standards required in accordance with
the California Government Code. Examples of the types of development envisioned in
each land use category are shown on Figure LU-3, Illustrative Land Use Examples.
Each e f the _esiden4ia, ese eategefi stable LU-2 includes a range of allowable densities
for residential uses. The maximum density defines the maximum number of units per
adjusted gross acre at which development can occur within a given area. The
determination of precise density, development location, and lot coverage on any
residential property is a function o£ 1) the provisions of the General Plan that are
intended to maximize public safety, achieve high quality site planning and design, retain
significant natural resources, and ensure compatibility between uses; and 2) the building
and development standards contained in the Development Code, public works standards,
and other regulations and ordinances."
• Revise Table LU-2, "Land Use Designations" to reflect the proposed map amendments
and recently adopted amendments to the Development Code per DCA 12-06. Refer to
Attachment B for the proposed changes to Table LU-2.
• Delete Table LU-3, "Land Use Plan Statistical Summary", (and delete reference to this
table in the first paragraph on page 2-27, `Buildout projections") since this table will not
be consistent with the proposed map revisions or the Development Code Amendments
recently approved per DCA 12-06.
Housing Element
Revise Table H-32, "Residential General Plan Land Use Designations", to re-label the first
column "General Plan/Zoning Designations", as noted below. Note that no other changes to this
table are proposed.
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Table H-32 Residential General Plan Land Use Designations
XaFfdPse Max. Minimum Intended Residential Uses
Plan/Zoning Density Lot Size
Designations
Single Family Residential
Residential Estate(RE) 1 I ac Single-family detached
estates
Residential Low(RL) 3.1 10,800 sf Single-family detached
homes on large lots
Residential Low-3.5(RL- 3.5 10,800 sf Single-family detached
3.5) homes in a suburban setting
Residential Suburban(RS) 4.5 7,200 sf Single-family detached
homes in a suburban setting
Multifamily Residential
Residential Urban(RU) 9 7,200 sf Single-or multifamily
5,200 sf in housing including
PUD townhomes,stacked flats,
courtyard homes,and mobile
home parks
Residential Medium(RM) 14 14,400 sf Multifamily housing
including townhomes,
stacked flats,apartments,and
condominiums
Residential Medium High 24 20,000 sf Apartments and
(RMH) condominiums
Residential Medium 20 20,000 sf Apartments and
High/20(RMH/20) condominiums
Residential High(RH) 36 20,000 sf Apartments and
condominiums
Commercial Residential
Commercial Regional-2 54 1 acre Vertical residential,retail,
(CR-2) I I and office mixed use
Source:City of San Bernardino General Plan,2005.
Appendix 8
Delete this appendix, as the information in this document has been superseded by the
information contained in the revised Table LU-2 (discussed above).
Note: No changes to any of the goals, policies, or implementation measures contained
throughout the General Plan as required in conjunction with this project. Also, please note that
no changes to the land use or zoning designations to any parcel of land within the City or its
sphere of influence are proposed in conjunction with this project.
Proposed Develonment Code Text Amendments
C
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To ensure the Development Code will be consistent with the proposed Zoning Map, the
following amendments are proposed:
Chapter 19.02, "Basic Provisions"
• Revise Section 19.02.060.2 as follows:
"ADOPTION OF LA#D4J&9 ZONING DI&TWC4 MAP
The boundaries of the land-asezonine districts established by this Section shall be shown
upon the map designated as the "City of San Bernardino Official Land Use Zoning
Disttief Map," on file with the City Clerk, and available at the Community Development
Department. This map shall be consistent with the adopted General Plan Land Use Map.
Amendments shall follow the process outlined in Chapter 19.3074 (Genera Nan Zoning
Map Amendments."
• Revise Section 19.02.060.3 as follows:
"RULES APPLYING TO CERTAIN BOUNDARIES ON LAND-USE ZONING
DISTWCT MAP
The following shall apply in determining uncertain boundaries of a district as shown on
the Official Land Ike Zoning Distriet Map:"
C • Revise Section 19.02.060.4 as follows:
"PRE-ZONING
The City may pre-zone unincorporated property adjoining the City. This process shall
comply with Chapter 19.50 (General Plan Amendments) and 19.74 (Zoning Map
Amendments). The zoning shall become effective upon annexation."
Chapter 19.50 (General Plan Amendments)
Revise Section 19.50.040 (Council Action on Amendments) as follows:
"Upon receipt of the Commission's recommendation, the Council may approve, approve with
modifications, or disapprove the proposed amendment based upon the findings contained in
Section 19.50.050. Amendments to the General Plan Land Use/Zening DistFiet Map shall be
adopted by resolution. Amendments to the text of the General Plan shall be adopted by
resolution."
Chanter 19.74 (Zoning Map Amendments)
Staff proposes to add this new chapter to the Development Code, to establish standards and
findings for approval of amendments to the Zoning Map. Refer to Attachment B for the
® proposed text for this new chapter.
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FINDINGS OF FACT
DCA/GPA Finding 1:
The proposed amendment is consistent with the General Plan, in that as noted above, and in
General Plan Land Use Table LU-2, the General Plan and its associated Land Use Map
established general land use district classifications, such as single-family residential, multi-
family residential, commercial, etc., and the zoning districts listed in Development Code Section
19.02.060(1) and the proposed Zoning Map establishes sub-categories of the primary land use
district categories noted on the General Plan Land Use Map. For example,the Residential Estate
(RE), Residential Low (RL), Residential Suburban (RS) and Residential Urban (RU) zoning
districts will be sub-categories of the Single-Family land use category. Further, as discussed
above, and as depicted in Attachments B and C, the proposed text amendments will ensure that
the General Plan and Development Code documents as well as the General Plan Land Use Map
and Zoning Map are consistent with each other.
DCA/GPA Finding 2:
The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City, in that since no changes to the land use or zoning
designations are proposed on any parcel in conjunction with this application, the proposed
amendments will not affect the public interest, health, safety, convenience, or welfare of the
City.
GPA Finding 3:
The proposed amendment would maintain the appropriate balance of land uses within the City,
in that as discussed in Finding 2, above, no changes to the land use or zoning designations of any
parcel of land are proposed in conjunction with this application. Therefore,this Amendment will
not affect the balance of land uses within the City.
GPA Finding 4:
In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is
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(s) and the anticipated land use development(s), in that although the Land Use Map is
proposed to be revised to contain fewer and more general land use categories, as noted in
Finding 2, above, since no changes to the land use or zoning designations are proposed on any
parcel in conjunction with this application, the proposed amendment to the Land Use Map will
not affect the physical attributes of any parcel of land.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
significant direct or reasonably foreseeable indirect physical change in the environment.
Conclusion:
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Staff believes the proposed project satisfies all Findings of Fact for approval of General Plan
Amendment No. 12-03 and Development Code Amendment No. 13-01.
City Attorney Review:
Supportin¢Documents:
ord 2255 (PDF)
exh a 2255 (PDF)
Exhibit B to DCA 13-01 Ord Zoning Map (PDF)
att 2-reso 2255(PDF)
exht a-gpa 1203 reso 2255 (PDF)
Exhibit B to GPA 12-03 Reso GP Map (PDF)
Attachment 3 -General Plan and Zoning Maps Cities List (XLSX)
Original Back-up Notice (DOCX)
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5.D.a
1 ORDINANCE NO.
`�.. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING
DEVELOPMENT CODE AMENDMENT NO. 13-01, TO REVISE THE
3 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL
4 PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND
PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS.
5
6 WHEREAS, the current Development Code was initially implemented in 1991; and
7 WHEREAS, the General Plan Land Use Map and Zoning Map were combined into
0
8 one map in 1991; and
0
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10 WHEREAS,the current General Plan was initially implemented in 2005;and 0
11 WHEREAS, upon implementation of the General Plan in 2005, several land use
12 categories became obsolete,but were not removed from the Development Code;and a
13
14 WHEREAS, in 1994, the state legislature approved into law SB 18, the Tribal r
Consultation requirements,which requires local agencies,including charter cities, to notice all W
15
applicable tribes of any General Plan Amendment, and which notification includes an initial
16 90-day consultation period,and a 45-day standard state notification; and
17 0
18 WHEREAS, such notification could potentially take as lon 135 days to
g as y , potentially N
19 delaying an application for a General Plan Amendment although changes to the zoning map N
are not required to comply with SB 18; and c
20
21 WHEREAS, the General Plan provides the long-range m
P goals and policies for
22 development of the City, taking into account the City's future conditions and needs, with the
a
23 application to individual parcels being limited; and
24
WHEREAS, the Development Code and related Zoning Map (Exhibit B), on the other
25 hand, provide a set of regulatory development standards and site-specific zoning designations
26 that are used on a day-to-day basis to direct development at a parcel-specific level;and
27
28
Packet Pg. 112
5.D.a
1 WHEREAS, according to the American Planning Association, overlapping zoning and
General Plan land use maps should be avoided, since the use of the General Plan for the
2 purpose of implementing parcel-specific zoning requirements can diminish the integrity of the
3 General Plan as a long-range planning document and require the General Plan to be amended
4 every time there is a rezoning; and
5
6 WHEREAS, since the process to update the General Plan involved a great deal of
public input, there is the perception of those members of the public who participated in the
7 process that their long-range vision for the City be adhered to, and not changed frequently;
0
8 and
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9 a
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10 WHEREAS, state law calls for a land use element that designates the proposed general 2
11 distribution and general location and extent of the uses of land for housing, businesses,
industry, open space and other public and private use of land, which are typically broad 2
12 a
categories of land uses, and for each land use category, there may be several zoning districts
13 that are more parcel-specific; and
14 N
WHEREAS, it is incumbent upon staff to ensure that all measures are taken to uj
15
eliminate unnecessary time delays, to allow prompt processing of new development
16 applications; and
17 N
18 WHEREAS, the Development Code clean-up items and establishment of Chapter
Ln
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19 19.74, Zoning Map Amendments, will establish procedures and findings of fact for processing N
Zoning Map Amendments and ensure that the Development Code and Zoning Map, including `o
20 future Amendments, are consistent with the General Plan and General Plan Land Use Map;
21 and £
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22 8
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23 WHEREAS, on December 18, 2012, the Legislative Review Committee reviewed and
24 unanimously recommended that the proposed amendments (Exhibit A) be moved to the
25 Planning Commission; and
26 WHEREAS, on January 23, 2013, the Planning Commission of the City of San
27 Bernardino held a noticed public hearing to consider public testimony and the staff report
28 recommending proposed amendments to the City Municipal Code, and unanimously
Packet Pg:113
5.D.a
1 recommended approval of the proposed Development Code Amendments to the Mayor and
Common Council; and
2
3 WHEREAS, notice of the public hearing for the Mayor and Common Council's
4 consideration of the proposed Ordinance was published in The Sun newspaper on February 8,
5 2013.
6 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO DO ORDAIN AS FOLLOWS: c^
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8 W
SECTION 1. The Mayor and Common Council finds that the above-stated Recitals c.
9 are true and hereby adopts and incorporates them herein. y
o.
10
11 SECTION 2. Findings of Fact.
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12 A. The proposed amendment is consistent with the General Plan, in that as noted above, a
13 and in General Plan Land Use Table LU-2,the General Plan and its associated Land Use Map `T
14 established general land use district classifications, such as single-family residential, multi- N
family residential, commercial, etc., and the zoning districts listed in Development Code w
15 Section 19.02.060(1) and the proposed Zoning Map establishes sub-categories of the primary
16 land use district categories noted on the General Plan Land Use Map. For example, the c
17 Residential Estate (RE), Residential Low (RL), Residential Suburban (RS) and Residential
18 Urban (RU) zoning districts will be sub-categories of the Single-Family land use category.
19 Further, the proposed text amendments will ensure that the General Plan and Development N
Code documents, as well as the General Plan Land Use Map and Zoning Map are consistent c
20 with each other.
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21 E
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22 B. The proposed amendment would not be detrimental to the public interest,
23 health, safety, convenience, or welfare of the City,
ty in that since no changes to the land use or
24 zoning designations are proposed on any parcel in conjunction with this application, the
25
proposed amendments will not affect the public interest, health, safety, convenience, or
welfare of the City.
26
27
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Packet Pg. 114
5.D.a
I SECTION 3. Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision
Regulations, also known as the San Bernardino Development Code, is hereby amended to
2 revise Sections 19.02.060 and 19.50.040, and to add Chapter 19.74 as shown in Exhibit A
3 (text amendments); and to adopt the Zoning Map as shown in Exhibit B, both attached and
4 incorporated herein by reference.
SECTION 4. Compliance with the California Environmental Quality Act: The
6 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the
7 Municipal Code (Development Code) is exempt from the California Environmental Quality 2
0
8 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will
9 not result in a direct or reasonably foreseeable indirect physical change in the environment. d
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10 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 2
11 clause or phrase in this Ordinance or any part thereof is for any reason held to be
12 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
a
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
13 part thereof. The Mayor and Common Council hereby declares that it would have adopted "2
14 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, N
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15 clauses, or phrases be declared unconstitutional, invalid,or ineffective. it
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Packet Pg. 115
S.D.a
1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING
DEVELOPMENT CODE AMENDMENT NO. 13-01, TO REVISE THE
2 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL
PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND
3 PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS.
4
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof, held on
7 the day of 2013, by the following vote to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT m
10 MARQUEZ A
11 JENKINS
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12 VALDIVIA a
13 SHORETT
KELLEY A
14 JOHNSON N
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15 MC CAMMACK Uj
16
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18 Georgeann Hanna, City Clerk
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19 The foregoing Ordinance is hereby approved this day of To To
20 2013. O
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21 E
PATRICK J. MORRIS, Mayor
22
Approved as to form:
PP City of San Bernardino
23 JAMES F. PENMAN
24 City Attorney
25
By:
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Packel,Pg. 116..
EXHIBIT A
Chapter 19.02 Basic Provisions
• Revise Section 19.02.060(2)as follows:
"ADOPTION OF LAND-USE ZONING DISTRdC-T MAP
The boundaries of the had-xsezonine districts established by this Section shall be shown
upon the map designated as the "City of San Bernardino Official Land Use Zoning
Distfiet Map," on file with the City Clerk, and available at the Community Development
Department. This map shall be consistent with the adopted General Plan Land Use Map. Q
Amendments shall follow the process outlined in Chapter 19.3874 (General Naft Zoning ,4)
Map Amendments." a
m
• Revise Section 19.02.060(3)as follows: c
"RULES APPLYING TO CERTAIN BOUNDARIES ON LAAq)-USE ZONING nom.
DI&T-PJC-T MAP
The following shall apply in determining uncertain boundaries of a district as shown on o
the Official Laad Use Zoning Distfiet Map:" N
• Revise Section 19.02.060(4)as follows:
"PRE-ZONING g
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The City may pre-zone unincorporated property adjoining the City. This process shall W
comply with Chapter 19.50 (General Plan Amendments) and 19.74 (Zoning MW N
Amendments). The zoning shall become effective upon annexation." N
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Chapter 19.50 General Plan Amendments v
Revise Section 19.50.040 Council Action on Amendments as follows: E
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"Upon receipt of the Commission's recommendation, the Council may approve, approve with a
modifications, or disapprove the proposed amendment based upon the findings contained in
Section 19,50.050. Amendments to the General Plan Land Use/�e Map shall be
adopted by resolution. Amendments to the text of the General Plan shall be adopted by
resolution."
1
Packet Pg. 117
Chapter 19.74 (Zoning Man Amendments)
Add Chapter 19.74, "Zoning Map Amendments", as follows:
CHAPTER 19.74
ZONING MAP AMENDMENTS
Section Page
19.74.010 Purpose.................................................................................................................... N-94 �
19.74.020 Hearings and Notice...............................................................................................
IV-94
19.74.030 Commission Action on Amendments................................................................... N-94 R
19.74.040 Council Action on Amendments........................................................................... N-94 m
19.74.050 Findings.............................. w CL
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19.74.010 PURPOSE
A
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The Council may amend the Official Land Use Zoning District Map, herein referred to as the
"Zoning Map" of the City of San Bernardino whenever required by public necessity and general M
welfare.
0
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19.74.020 HEARINGS AND NOTICE
Upon receipt in proper form of a Zoning Map Amendment application, or direction of the Council, o
and following Department review, hearings shall be set before the Commission and Council. "-
Notice of the hearings shall be given pursuant to the requirements of Chapter 19.52 (Hearings and
Appeals).
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19.74.030 COMMISSION ACTION ON AMENDMENTS
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The Commission shall make a written recommendation on the proposed amendment whether to c
approve, approve in modified form or disapprove, based upon the findings contained in Section E
19.74.050.
A
Commission action recommending hat the a
g proposed amendment be approved, approved in
modified form,or denied shall be considered by the Council following Commission action.
19.74.040 COUNCIL ACTION ON AMENDMENTS
Upon receipt of the Commission's recommendation, the Council may approve, approve with
modifications, or disapprove the proposed amendment based upon the findings contained in Section
19.74.050. Amendments to the Zoning Map shall be adopted by ordinance.
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S.D.b
19.74.050 FINDINGS
An amendment to the Zoning Map may be adopted only if all of the following findings are made:
1. The proposed amendment is consistent with the General Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City;
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3. The proposed amendment would maintain the appropriate balance of land uses within the °-
City; and R
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4. The subject parcel(s) is physically suitable (including, but not lirnited to, access, provision A
of utilities, compatibility with adjoining land uses, and absence of physical constraints) for 2
the requested land use designation(s) and the anticipated land use development(s).
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