HomeMy WebLinkAbout2004-2641
2
3
4
5
6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
RESOLUTION NO. 2004-264
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
FACTS, FINDINGS AND STATEMENTS OF OVERRIDING
CONSIDERATION, CERTIFYING THE PROGRAM ENVIRONMENTAL
IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN
FOR THE REINSTATEMENT OF EMINENT DOMAIN IN THE UPTOWN
AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA
PLANS AND OTHER ENTITLEMENT ACTIONS, CERTIFYING THE
TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL
PLAN AMENDMENT NO. 04-02.
SECTION L RECITALS
(a) WHEREAS, the Mayor and Common Council adopted the General Plan for
the City of San Bernardino by Resolution No. 89-159 on June 2, 1989; and
(b) WHEREAS, on February 5, 2004, the Environmental Review Committee
determined that the reinstatement of eminent domain in the Uptown and Central City North
Redevelopment Project Area Plans, the potential development of the Mercado Santa Fe
project, an amendment to the City's General Plan to change the land use designation from IL,
Industrial Light to CG-I, Commercial General for a two block area bounded by I-215 on the
east, "K" Street on the west, 3`a Street on the north, and 2"a Street on the south, and the
vacation of "I" Street and Kendall Avenue within this two block area could have significant
effects on the environment and thus warranted the preparation of a Program Environmental
Impact Report pursuant to the California Environmental Quality Act (CEQA); and
(c) WHEREAS, the City held a public scoping meeting to solicit public
comments on the preparation of the Draft EIR, and
(d) WHEREAS, the Notice of Intent of the City to prepare a Draft Program
Environmental Impact Report was made known to the public, responsible agencies and other
4-
2004-264
1
interested persons for their concerns and comments from February 17, 2004 through March
2
3 17, 2004 as required by CEQA; and
4 (e) WHEREAS, a Draft Program EIR was prepared to address the reinstatement
5 of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans
6 and other entitlement actions; and
7 (f) WHEREAS, the Draft Program EIR was made available to the public,
8 responsible agencies and other interested persons for their review and comment April 8, 2004
9
through May 24, 2004 as required by CEQA; and
10
11 (g) WHEREAS, verbal and written comments were received on the Draft
12 Program EIR; and
13 (h) WHEREAS, these comments were responded to both orally and in writing as
14 required by CEQA; and
15 (i) WHEREAS, the Planning Commission conducted a noticed public hearing on
16
June 22, 2004 in order to receive public testimony and written and oral comments on the
17
18 Draft Program EIR as it related to the conceptual Mercado Santa Fe Project and proposed
19 General Plan Amendment; and
20 0) WHEREAS, the Planning Commission conducted a noticed public hearing on
21 July 7, 2004 in order to receive public testimony and written and oral comments on General
22 Plan Amendment No. 04-02; and
23 (k) WHEREAS, the Development Services Department Staff Report June 22,
24
2004, which summarizes the potential effects of the conceptual Mercado Santa Fe Project
25
26 and proposed General Plan Amendment; and
27
28
-2-
2004-264
2
3
4
10
11
14
21
27
M
(1) WHEREAS, the proposed Mitigation Monitoring Plan was reviewed by the
Planning Commission in compliance with CEQA; and
(m) WHEREAS, the Planning Commission, after receiving public testimony,
recommended certification of the Environmental Impact Report, adoption of the Facts,
Findings and Statements of Overriding Consideration, and adoption of the Mitigation
Monitoring Plan; and
(n) WHEREAS, on November 3, 1993 the San Bernardino Associated
Governments adopted the Congestion Management Program (CMP) pursuant to California
Government Code Section 65089.3(a) which requires the county and cities to adopt and
implement "a program to analyze the impacts of land use decisions, including an estimate of
the costs associated with mitigating these impacts" on the CMP network of roadways; and
(o) WHEREAS, the Mayor and Common Council adopted a Land
Use/Transportation Analysis Program for the City pursuant to the CMP for the City of San
Bernardino by Resolution No. 93-74 on March 22, 1993; and
(p) WHEREAS, in 1997, the San Bernardino Associated Governments updated
the County Congestion Management Program; and
(q) WHEREAS, the City determined that the reinstatement of eminent domain in
the Uptown and Central City North Redevelopment Project Area Plans, the potential
development of the Mercado Santa Fe project, an amendment to the City's General Plan to
change the land use designation from IL, Industrial Light to CG-1, Commercial General for a
two block area bounded by 1-215 on the east, "K" Street on the west, 3rd Street on the north,
and 2nd Street on the south, and the vacation of "I" Street and Kendall Avenue within this two
block area would exceed the CMP threshold for two-way peak hour trips established in the
-3-
2004-264
1
2
3
4
5
11
11
12
13
14
15
16
17
18
19
211
241
27
PA
City's Resolution No. 93-74 and thus warranted the preparation of a Transportation Impact
Analysis (TIA) Report pursuant to the Congestion Management Program; and
(r) WHEREAS, a Draft TIA Report was prepared to address the traffic impacts of
the reinstatement of eminent domain in the Uptown and Central City North Redevelopment
Project Area Plans and other entitlement actions on designated CMP roadways and
Freeways, appropriate mitigation and fair share contribution toward CMP roadway and
Freeway improvements; and
(s) WHEREAS, the Draft TIA Report was made available to the various regional
and sub -regional agencies and to the adjacent jurisdictions for their review during a 21-day
review period which began on April 8, 2004 and ended on May 24, 2004 as required by the
CMP; and
(t) WHEREAS, verbal and written comments were received on the Draft TIA
Report and responded to via changes to the Draft TIA Report; and
(u) WHEREAS, the Mayor and Common Council conducted a noticed public
hearing on July 19, 2004, and fully reviewed and considered the Draft Program EIR, Final
Program EIR, Mitigation Monitoring Plan, Facts, Findings and Statement of Overriding
Consideration, the Planning Division staff reports, the resolution of the Planning
Commission, and fully reviewed and considered the Draft TIA Report.
SECTION II. FACTS, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATION
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT
THE MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
-4-
2004-264
I
A. The findings contained in the Facts, Findings and Statement of Overriding
2
3 Consideration with respect to the significant impacts identified in the Final
4 Program EIR are true and correct, and are based upon substantial evidence in
5 the record, including documents comprising the Final Program EIR.
6 SECTION III. PROGRAM ENVIRONMENTAL IMPACT REPORT
7 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT
8 THE MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
9
A. The Program Environmental Impact Report for the reinstatement of eminent
10
11 domain in the Uptown and Central City North Redevelopment Project Area
12 Plans, the potential development of the Mercado Santa Fe project, General
13 Plan Amendment No. 04-02, to change the land use designation from IL,
14 Industrial Light to CG-1, Commercial General for a two block area bounded
15 by I-215 on the east, "K" Street on the west, 3`d Street on the north, and 2nd
16
Street on the south, and the vacation of "I" Street and Kendall Avenue within
17
18 this two block area has been completed in compliance with the California
19 Environmental Quality Act. The Final Program EIR (including the Mitigation
20 Monitoring Plan) and all the evidence and information contained therein and
21 the Facts, Findings and Statement of Overriding Consideration are on file with
22 the City Clerk's Office. Attachment A (Facts, Findings and Statement of
23
Overriding Consideration), Attachment B (Draft Program EIR), Attachment C
24
(Final Program EIR), and Attachment D (Mitigation Monitoring Plan) are
25
26 attached and incorporated herein by reference;
27
28
-5-
2004-264
2
3
4
11
14
21
KI
B. The Final Program EIR was presented to the Mayor and Common Council
who have reviewed and considered the information in the Final Program EIR
prior to approving any amendments to the Uptown and Central City North
Redevelopment Project Area Plans.
C. The Final Program EIR has identified all significant environmental effects of
the reinstatement of eminent domain in the Uptown and Central City North
Redevelopment Project Area Plans, the potential development of the Mercado
Santa Fe project, an amendment to the City's General Plan to change the land
use designation from IL, Industrial Light to CG-1, Commercial General for a
two block area bounded by I-215 on the east, "K" Street on the west, 3`d Street
on the north, and 2"d Street on the south, and the vacation of "I" Street and
Kendall Avenue within this two block area.
D. Although the Final Program EIR identifies certain significant environmental
effects that would result if the development of the Mercado Santa Fe project
occurs, and future development occurs within the General Plan Amendment
area, all significant effects that can feasibly be avoided or mitigated will be
avoided or mitigated by the implementation of the mitigation measures as set
forth in the Mitigation Monitoring Plan for the Final Program EIR. The
Mitigation Monitoring Plan and all information contained therein is included
in the Final Program EIR and incorporated herein by reference;
E. Potential mitigation measures and other project alternatives not incorporated
into or adopted as part of the reinstatement of eminent domain in the Uptown
and Central City North Redevelopment Project Area Plans, the potential
0
2004-264
2
k]
5
6
7
8
9
10
11
12
13
14
15
17
21
23
24
27
C.
development of the Mercado Santa Fe project, an amendment to the City's
General Plan to change the land use designation from IL, Industrial Light to
CG-1, Commercial General for a two block area bounded by I-215 on the east,
"K" Street on the west, 3`d Street on the north, and 2"d Street on the south, and
the vacation of "I" Street and Kendall Avenue within this two block area were
rejected as infeasible, based on specific economic, social, or other
considerations as set forth in the Facts, Findings and Statements of Overriding
Consideration. The Facts, Findings and Statements of Overriding
Consideration and all the evidence and information contained therein are on
file in the City Clerk's Office and incorporated herein by reference;
F. The Mayor and Common Council have given great weight to the significant
unavoidable adverse environmental impacts. The Mayor and Common
Council find that the significant unavoidable adverse impacts are clearly
outweighed by the economic, social, cultural and other benefits of the
reinstatement of eminent domain in the Uptown and Central City North
Redevelopment Project Area Plans, the potential development of the Mercado
Santa Fe project, the amendment to the City's General Plan to change the land
use designation from IL, Industrial Light to CG-1, Commercial General for a
two block area bounded by I-215 on the east, "K" Street on the west, 3 d Street
on the north, and 2"d Street on the south, and the future vacation of "I" Street
and Kendall Avenue within this two block area, as set forth in the Facts,
Findings and Statements of Overriding Consideration.
-7-
2004-264
2
3
4
5
6
11
14
17
21
G. The Final Program Environmental Impact Report, Mitigation Monitoring
Plan, and the Facts, Findings and Statements of Overriding Consideration
reflect the independent review, analysis and judgment of the City of San
Bernardino.
SECTION IV. GENERAL PLAN AMENDMENT FINDINGS
BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO THAT:
A. The proposed amendment is internally consistent with the General Plan in that it
meets General Plan Goal 1 G(c) in that it would provide for the revitalization, adaptive
ruse, and upgrade of a deteriorated neighborhood in that it would facilitate
redevelopment efforts in the area. The proposed amendment is internally consistent
with the General Plan in that it meets General Plan Goal 1 G(n) in that it would
facilitate development that would be compatible with the historic Santa Fe Depot and
it would help to establish San Bernardino as a unique and distinctive place in the
Inland Empire and southern California region.
B. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that any development project would be
required to provide full site improvements as per Development Code requirements, as
well as meeting current Building and Fire Code requirements, that improve the public
interest and welfare. In addition, all development will be in accordance with all
mitigation measures identified in the EIR and contained within the Mitigation
Monitoring Plan.
lQ
2004-264
11
14
15
17
21
23
24
25
26
27
28
C. The proposed amendment would not impact the balance of land uses within the City
in that the proposed change in land use designation represents a relatively small
percentage of the overall land uses within the City. There are numerous other areas in
the City that are designated for light industrial uses.
D. In the case of an amendment to the General Plan Land Use Map, 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(s) and the anticipated land use development(s) in that
all required utilities and public services can adequately serve the site. The amendment
area consists of many existing lots of record that are not physically suitable for
development under the existing IL, Industrial Light land use designation because of
their relatively small size. They are also too small to accommodate commercial
development as would be permitted under the CG-1, Commercial General land use
designation. However, it is anticipated that with the widening of I-215, development
of the Mercado Santa Fe project, and the proximity to the renovated Santa Fe Depot,
the change in land use designation will provide an incentive to property owners
and/or developers to consolidate parcels to facilitate a cohesive development. The
amendment area has services and utilities available to accommodate commercial
development.
SECTION V. TRAFFIC IMPACT ANALYSIS REPORT
A. The TIA Report for the reinstatement of eminent domain in the Uptown and Central
City North Redevelopment Project Area Plans and other entitlement actions has been
completed in compliance with the regional CMP and the City's Land
0
2004-264
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
211
27
m
Use/Transportation Analysis Program and found to be consistent with the regional
Congestion Transportation Plan model. The TIA Report and all the evidence and
information contained therein is attached hereto as Attachment E (Draft TIA Report)
and incorporated herein by reference.
B. The TIA Report was presented to the Mayor and Common Council who reviewed and
considered the information in the land use decision and traffic impact mitigation
process prior to adopting the Statements of Overriding Consideration, certifying the
Final Program Environmental Impact Report (SCH 2O03031072), adopting the
Mitigation Monitoring Plan, approving General Plan Amendment No. 04-02,
reinstating eminent domain in the Uptown and Central City North Redevelopment
Project Area Plans, and any other land use entitlements.
C. The TIA Report has identified all of the traffic impacts to designated CMP roadways
and Freeways, the appropriate mitigation and fair share contribution toward CMP
roadway and freeway improvements.
D. All of the traffic impacts to the City circulation system, including CMP roadways,
can be mitigated by the implementation of the mitigation measures as identified in the
TIA Report.
E. The traffic impacts to I-10 and I-215 cannot be mitigated to a level of less than
significant. Improvements to the freeway system are under the authority of the State
Department of Transportation. There is no mechanism for project proponents to pay
fees or make fair share contributions toward mitigating impacts to the freeway
system.
to-
2004-264
1
2
3
4
5
6
7
8
9
1
111
12
13
14
15
16
171
Im
1
21
22
23
24
25
26
27
F. The Mayor and Common Council have given great weight to the traffic impacts to
designated CMP roadways and freeways, the appropriate mitigation and fair share
contribution toward CMP roadway and freeway improvements.
SECTION VI. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the Final Program Environmental Impact Report is
certified, the Facts, Findings and Statement of Overriding Consideration are adopted, and the
Mitigation Monitoring Plan is adopted.
SECTION VII. CERTIFICATION OF THE TRAFFIC IMPACT ANALYSIS
REPORT
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the Traffic Impact Analysis (TIA) for the reinstatement of
eminent domain in the Uptown and Central City North Redevelopment Project Area Plans,
the potential development of the Mercado Santa Fe project, an amendment to the City's
General Plan to change the land use designation from IL, Industrial Light to CG-I,
Commercial General for a two block area bounded by I-215 on the east, "K" Street on the
west, 3`d Street on the north, and 2°d Street on the south, and the vacation of "I" Street and
Kendall Avenue within this two block area is certified and hereby adopted.
SECTION VIII. GENERAL PLAN AMENDMENT
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED BY THE
MAYOR AND COMMON COUNCIL THAT:
A. The Land Use Element of the General Plan of the City of San Bernardino is
amended by changing the land use designation from IL, Industrial Light to CG-I,
-11-
2004-264
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
211
27
28
Commercial General for a two block area bounded by I-215 on the east, "K" Street on the
west, P Street on the north, and 2"d Street on the south. The 19.02-acre General Plan
Amendment area is shown on the Site Vicinity Map that is attached hereto as Attachment F
and incorporated herein by reference.
B. The amendment described in Section L, Subsection (b), is designated as
General Plan Amendment No. 04-02 and shall take effect upon adoption of this resolution by
the Mayor and Common Council.
SECTION IX. NOTICE OF DETERMINATION
The Planning Division is hereby directed to file a Notice of Determination with the
County of San Bernardino Clerk of the Board of Supervisors certifying the City's compliance
with the California Environmental Quality Act in preparing and adopting the Final Program
Environmental Impact Report, Facts, Findings and Statement of Overriding Consideration
and Mitigation Monitoring Plan. A copy of the Notice of Determination will be forwarded to
the State Clearinghouse.
t2-
It 2004-264
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
211
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
STATEMENTS OF OVERRIDING CONSIDERATION, CERTIFYING THE
PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE
MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF
EMINENT DOMAIN IN THE UPTOWN AND CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA PLANS AND OTHER
ENTITLEMENT ACTIONS, AND ADOPTING GENERAL PLAN
AMENDMENT NO. 04-02.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it- reg. meeting thereof, held on
the 16th day of August , 2004, by the following vote to wit:
Council Members:
Ayes Nays Abstain
ESTRADA
x
LONGVILLE
x _
MCGINNIS
x
DERRY
x
KELLEY
x
JOHNSON
_x
MC CAMMACK
x
The foregoing resolution is hereby approved this
Approved as to form and Legal Content:
Jame
City
By:
Absent
4toc— (.16X&,.A�
Ra el G. Clark, City Clerk
of August , 2004.
h'V alles, Mayor
of San Bernardino
13-
Attachments Filed Separately -
High Density File Room -
Meeting Date: 08/16/04
Attachments to Resolution 2004-264
ATTACHMENTS
A Facts, Findings and Statement of Overriding Considerations
B Draft Program Environmental Impact Report
Appendices:
A Notice of Preparation and Initial Study, February 13, 2004; Responses to
the February 2004 Notice of Preparation and Initial Study; Mailing List
for the February 2004 Notice of Preparation and Initial Study, March 11,
2003; and Responses to the March 2003 Notice of Preparation and Initial
Study
B 2004 Eminent Domain Amendment to the Redevelopment Plan for the
Uptown Redevelopment Project Area and Amended and Restated
Redevelopment Plan for the Central City North Redevelopment Project
C Uptown/CCN Redevelopment Air Quality Regional Emissions
D Historical Resources Evaluation — Uptown/Central City North
Redevelopment Project Subarea B
E Uptown/CCN Redevelopment FHWA Roadway Noise Level Analysis
F Traffic Impact Analysis (under separate cover)
C Final Program Environmental Impact Report
D Mitigation Monitoring Plan
E Draft Traffic Impact Analysis Report
F Site Vicinity Map