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HomeMy WebLinkAbout2004-3244 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 211 27 m RESOLUTION NO. 2004-324 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 04-03 AND SPECIFIC PLAN AMENDMENT NO. 04-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN TOURIST COMMERCIAL TO INDUSTRIAL FOR 30 ACRES AND TO DELETE LELAND NORTON WAY FROM THE CIRCULATION ELEMENT, APPROVAL OF DEVELOPMENT PERMIT II NO. 04-27 TO CONSTRUCT AN AIR CARGO FACILITY, AND APPROVAL OF LOT LINE ADJUSTMENT NO. 04-13 TO ACCOMMODATE THE PROJECT, WHICH IS LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST OF DEL ROSA AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. (b) WHEREAS, the San Bernardino International Trade Center Specific Plan was adopted by the Mayor and Common Council by Resolution No. 96-50 on March 4, 1996. (c) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02 (a proposal to change the General Plan Land Use Designation from San Bernardino International Trade Center Specific Plan Tourist Commercial to Industrial for approximately 30 acres located on the south side of P Street, east of Del Rosa Avenue, to delete reference to Tourist Commercial from the Specific Plan, and to remove Leland Norton Way from the Circulation Element) was considered by the Planning Commission on September 8, 2004, after a noticed public hearing. The Planning Commission's unanimous vote on a motion to recommend approval of the General Plan Amendment and Specific Plan Amendment has been considered by the Mayor and Common Council. 2004-324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 211 27 91 (d) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02 were reviewed under the California Environmental Quality Act (CEQA) through an Initial Study which found no significant adverse effects on the environment related to the amendments. (e) WHEREAS, the Initial Study also analyzed impacts related to Development Permit lI No. 04-27 for the development of a 368,550 square foot air cargo facility in the area included in the amendment area and an adjacent site, as well as consistency with the Final Environmental Impact Report and Traffic Impact Analysis certified in conjunction with adoption of the San Bernardino International Trade Center Specific Plan. (f) WHEREAS, the Initial Study concluded that the proposed air cargo facility was within the scope of Final Environmental Impact Report and Traffic Impact Analysis; and that there were project -specific impacts that could be mitigated to a level of less than significant based on inclusion of mitigation measures identified in the Mitigation Monitoring Plan. (g) WHEREAS, the Mitigated Negative Declaration pursuant to CEQA has been reviewed by the Planning Commission and the Mayor and Common Council in compliance with the California Environmental Quality Act (CEQA) and local regulations. (h) WHEREAS, the Planning Commission and the Mayor and Common Council independently reviewed, analyzed, and exercised judgement in reviewing the Initial Study in making their determinations. (i) WHEREAS, the Mayor and Common Council held a noticed public hearing on October 4, 2004, and fully reviewed and considered proposed General Plan Amendment No. 04- 03 and Specific Plan Amendment No. 04-02, the Planning Commission and Environmental Review Committee actions, the Planning Division Staff Report, and all written comments received. P 2004-324 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 211 24 25 26 27 28 6) WHEREAS, the adoption of General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02 is deemed in the interest of the orderly development of the City and is consistent with the goals, objectives and policies of the General Plan and the San Bernardino International Trade Center Specific Plan. SECTION 2. Mitigated Negative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendments to the General Plan of the City of San Bernardino and the San Bernardino International Trade Center Specific Plan, the proposed air cargo facility and related lot line adjustment will have no significant adverse effects on the environment beyond those previously identified with certification of the Final Environmental Impact Report and Traffic Impact Analysis and with incorporation of the proposed project - specific mitigation measures; and that the Mitigated Negative Declaration heretofore accepted by the Environmental Review Committee as to the effect of these proposed amendments and development project, is hereby ratified, affirmed and adopted. SECTION 3. Findings — General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02 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 and the San Bernardino International Trade Center (SBITC) Specific Plan in that changing the land use designation from Tourist Commercial to Industrial and deletion of reference to Tourist Commercial from the Specific Plan is consistent with General Plan Objective 1.39 which states, "Promote the development and use of the existing airport facilities and fc3 2004-324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 211 27 n] related buildings as an international air carrier airport with aviation -related office, commercial and industrial uses." Removing Leland Norton Way from the Circulation Element of the General Plan and SBITC Specific Plan will not affect traffic/circulation patterns within the Specific Plan or Airport areas, or the adjacent areas. Although Leland Norton Way was designated as a Secondary Arterial, it only accessed P Street from a point in front of the existing terminal. The terminal can still be accessed from Del Rosa Avenue and Leland Norton Way, as a Secondary Arterial, is not necessary. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed development will have to comply with all local, state, and federal requirements. C. The proposed amendments 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. D. 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 all required utilities and public services can adequately serve the site. SECTION 4. Findings — Development Permit Il No. 04-27 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernardino that: A. The proposed development is permitted within the subject zoning district with approval of the amendments to the General Plan and San Bernardino International Trade M 2004-324 1 Center Specific Plan. The warehouse/distribution portion of the project will be located 2 3 within the Industrial land use (zoning) district. The proposed project is a permitted use in 4 this land use district, as listed in Table V-2 of the SBITC Specific Plan, with approval of 5 a Development Permit. The airport -related portion of the project is a permitted use in the 6 "A," Airport land use district as listed in Table 19.12A.020 of the Development Code, 7 with approval of a Development Permit. 8 The proposed project complies with all applicable provisions in the SBITC 9 Specific Plan and the provisions of the Development Code, including the industrial 10 I design guidelines as shown on the site plan, elevations, and landscape plan, and the 12 Conditions of Approval. 13 B. The proposed air cargo facility is consistent with the General Plan and Specific Plan. 14 The San Bernardino International Trade Center Plan includes the following goals: 15 . Meet Economic Development and Redevelopment Needs 16 • Encourage future business development, generate or create new jobs for the 17 18 community and provide revenue 19 • Provide for a broad mix of commercial, office and industrial development 20 opportunities consistent with the overall objectives and policies established for the 21 property 22 Comply with the City of San Bernardino General Plan 23 • Be consistent with state law. 24 25 Development of the project assists with the Inland Valley Development Agency's 26 and San Bernardino International Airport Authority's goals of providing new 27 development, creating new jobs, and providing revenue. The DHL Air Cargo Facility is a 28 major warehouse/distribution facility, consistent with the mix of permitted uses. The 5 2004-324 11 14 17 21 22 23 24 25 26 27 28 proposed project is in compliance with the Specific Plan, which itself is consistent with the City's General Plan, and is consistent with applicable state law requirements. C. The proposed facility will be compatible and harmonious with the existing and surrounding land uses in the area. The proposed new construction will enhance the existing site and be a benefit to the surrounding area due to its architectural design, on - site and off -site improvements, and landscaping improvements. D. Approval of the Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. On the basis of the Initial Study, the Development/Environmental Review Committee found that although the proposed project could have a significant effect on the environment, there would not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that were imposed upon the proposed project, and (c) no events have occurred which require the preparation of a supplemental EIR or addendum to the EIR. Although there will be new noise impacts associated with the introduction of DHL aircraft, the number of airplane flights, and related noise, are within the scope of the Initial Study prepared for the Interim Airport Operating Plan. That Initial Study also incorporated, by reference, the 1990 IVDA Redevelopment Plan Final Environmental Impact Report. E. There will not be potential significant adverse impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Prior to approval of the SBITC Specific Plan, the City certified the Environmental Impact Report and 2004-324 1 Traffic Impact Analysis, and adopted the Mitigation Monitoring Program. In addition, 2 mitigation measures for this project are included in the Initial Study, and also included as 3 4 Conditions of Approval. 5 F. The subject site is physically suitable for the type and density/intensity of use being 6 1 1 proposed as evidenced by project compliance with all applicable Development Code and 7 SBITC Specific Plan standards, and Conditions of Approval. 8 G. There are adequate provisions for public access, water, sanitation, and public 9 utilities and services to ensure that the proposed use would not be detrimental to public 10 11 health and safety. All agencies responsible for reviewing access and providing water, 12 sanitation and other public services have all had the opportunity to review the proposal 13 and none have indicated an inability to serve the project. The proposal will not be 1411 detrimental to the public health and safety in that all applicable Codes will apply to the 15 construction of this project. 16 H. The location, size, design, and operating characteristics are consistent with all 17 provisions of the Development Code and will not be detrimental to the public interest, 18 191 health, safety, convenience, or welfare of the City. The proposed construction of the DHL ')nl I Air Cargo Facility will be compatible with the existing development in the area 2111 SECTION 5. Amendment 2211 BE IT FURTHER RESOLVED by the Mayor and Common Council that 23 A. The Land Use Plan of the General Plan and the San Bernardino International 24 Trade Center Specific Plan of the City of San Bernardino is amended by changing the 25 26 land use designation from San Bernardino International Trade Center Specific Plan 27 Tourist Commercial to Industrial, for approximately 30 acres located at the southeast 2811 corner of 3rd Street and Del Rosa Avenue, and deleting reference to Tourist Commercial 7 2004-324 1 2 3 4 5 ill 10 11 12 13 14 15 16 17 18 19 211 23 24 25 26 27 28 from the Specific Plan. This amendment is designated as General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02 and its location is outlined on the map entitled Attachment A, and described in Attachment B, copies of which are attached and incorporated herein for reference. B. General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02 shall become effective immediately upon adoption of this resolution. SECTION 6. Map Notation This resolution and the amendment affected by it shall be noted on such appropriate General Plan maps previously adopted and approved by the Mayor and Common Council and which are on file in the office of the City Clerk. SECTION 7. Notice of Determination The Planning Division is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino certifying the City's compliance with California Environmental Quality Act in preparing the environmental documentation. 0 2004-324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 04-03.... LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST OF DEL ROSA AVENUE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4th day of October , 2004, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x x JOHNSON MC CAMMACK x City Clerk The foregoing resolution is hereby approved this 3qy ,day of October _ >2004. Approved as to form and legal content: JAMES F. PENMAN City Attorney Q By: l rfH VALLES, Mayor of San Bernardino 0 N79'34'12"W A N8047Q7 E 17.19 j. & I EAST 3rd STREET gS rv> o `D / ry22� hL 1 A=2834'38" f�I40.74 S89'45 07"W R=463.97' 321 38 L=231.41' 1 o S 4-24 6"W =29'20'25" R=659.96' L=337.95' 00 >k 60'�PARCEL 1 1 w 10 `° IWL PARCEL j 1 LO LEASE TO IVDA- O S01'01'53"E Q I M N88'58'07"E 47.30' O ! ..... _ 298.59. N88'58 07 1E it bb 443.56' 0 o I 0 N 89'04'25" E `V LO � 1 251.35' 101 N_/ 1 �N43'OE '.r O o1 41.7, o 00 I o u4 Z N I N41'2 4: 249.1 42..80' L PARCEL 3 IZIt PARCEL 2 7RIALTO AVENUE NOTE: BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON. THE CALIFORNIA COORDINATE SYSTEM (NAD 83) ZONE 5. TO OBTAIN GROUND DISTANCES, DIVIDE THE DISTANCE SHOWN BY 0.99993157. S38'42'44" W 84.51'� 717.63' 389.58' ACHWNT "A" N29-36-31 "W �\ 29.07' 1 1 0 O N 3s' N 1 � I to I to IQ 3 i� I� Z 0 10 Z I0 IZ -g 1 J II ul I 1 I M Ilrl I <r bl w1 a Z I LO J V7 O U O 101 I� fy QW aN 16.77' REVISION I PREPARED BY: I PREPARED FOR I SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO. CALIFORNIA 91764 TEL:(909)980-1982 4 FAX:(909)941-0891 PARCELS 1, 2 AND 3 SEPTEMBER 24, 2004 L\2004\04051\OWG\MAPPING\IEGALS\ZONEPLA7 2004-324 LEGAL DESCRIPTION ATTACHMENT`B" PARCELI In the City of San Bernardino, County of San Bernardino, State of California, being portions of Block49 and 50 of the Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County, together with portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of Parcel "A-1" as described in a sub -lease by and between the Inland Valley Development Agency and Ming Plaza Development, recorded January 24, 1997, as Document No. 19970024757 of Official Records in the Office of the County Recorder of said County, described as follows: COMMENCING at the intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along the centerline of 3rd Street North 89045'07" East; 0.47 feet to the centerline of Del Rosa Drive; thence South 00055'35" East, along said centerline, 1015.95 feet; thence at right angles to said centerline, North 89004'25" East, 60.00 feet to the East line of said Del Rosa Drive and the TRUE POINT OF BEGINNING; thence North 43'06'10" East, 41.73 feet; thence North 89004'25" East, 251.35 feet; thence South 45"55'35" East, 39.60 feet; thence South 00"55'35" East, 255.31 feet; thence South 41 "20'54" West, 42.29 feet; thence North 89"53'09" East, 328.05 feet to a point hereinafter mentioned as Point "A"; thence North 01°01'53" West, 491.49 feet; thence North 88"58'07" East, 443.56 feet; thence North 01001'53" West, 687.37 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 463.97 feet; thence along said curve through a central angle of 28"34'38", 231.41 feet; thence North 29"36'31" West, 29.07 feet; thence North 79'34'12" West, 17.19 feet to the southerly line of 3rd Street, said point bears 60.00 feet, measured at right angles from the centerline of 3rd Street; thence along said southerly line, South 60"2442" West, 229.83 feet to the beginning of a tangent curve, concave northwesterly having a radius of 659.96 feet; thence along said curve through a central angle of 29020'25", 337.95 feet; thence South 89045'07" West, 328.38 feet; thence South 44"24'46" West, 150.72 feet to the East line of Del Rosa Drive; thence along said east line South 5535" East, 848.03 feet to the -TRUE POINT OF BEGINNING. EXCEPTING therefrom that portion described as follows: BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown on a Record of Survey No. 96-0174, filed as Book 108, Pages 75-77 of Records of Survey in said Office of the County Recorder, said point also being the southwesterly corner of Parcel "A-2", as described in said sub- lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly along the westerly line of said Parcel "A-2", North 01 "01'53" West, 491.49 feet to the northwesterly corner of said Parcel "A-2"; thence continuing. North 01 "01'53" West, 47.30 feet; thence South 88058'07" West, 298.59 feet to a point of intersection with the northerly prolongation of a line that bears North 00055'35" West, 255.31 feet as shown on said Record of Survey, said line being the easterly line of land described in a Deed recorded May21, 1998 as Document No. 19980196585, of Official Records in said Office of the County Recorder, said point being distant North 00055'35" West, 247.00 feet from the northeasterly corner of said land described in said last mentioned Deed; thence along said northerly prolongation, South 0005535" East, 247.00 feet to said northeasterly corner; thence along the easterly line of said last mentioned Deed and continuing South 00055'35" East, 255.31 feet; thence continuing along said easterly line, South 41 "20'54" West, 42.29 feet to the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North 89"53'09" East, 328.05 feet to the POINT OF BEGINNING. Area containing 19.90 acres, more or less. Bearings and Distances used in the above description are based on the California Coordinate System, Zone 5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances. The legal description above was taken from "New Parcel A" as described in Certificate of Compliance for Lot Line Adjustment No. 2003-005, recorded June 19, 2003 as Document No. 2003-0414267 Official Records. L:UQN1040610WU6APPINCaV6W1MPAWFL 1.0DC 2004-324 LEGAL DESCRIPTION PARCEL2 In the City of San Bernardino, County of San Bernardino, State of California, being a portion of Block49 of the Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County, togetherwith portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of Parcels "A-1" and "A-2, as described in a sub -lease by and between the Inland Valley Development Agency and Ming Plaza Development, recorded January 24, 1997, as Document No. 19970024757 of Official Records in the Office of the County Recorder of said County, described as follows: COMMENCING at the intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along the centerline of 3rd Street North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South 00°55'35" East, along said centerline, 1015.95 feet; thence at right angles to said centerline, North 89"04'25" East, 60.00 feet to the East line of said Del Rosa Drive; thence North 4300610" East, 41.73 feet; thence North 89"04'25" East, 251.35 feet; thence South 45055'35" East, 39.60 feet; thence South 00"55'35" East, 255.31 feet; thence South 41 "20'54" West, 42.29 feet; thence North 89053'09" East, 328.05 feet to the TRUE POINT OF BEGINNING, said point hereinafter mentioned as "Point A"; thence North 01 °01'53" West, 491.49 feet; thence North 88058'07" East, 443.56 feet; thence South 01 "01'53" East, a distance of 432.74 feet; thence South 38"4244" West, 84.51 feet; thence South 89"53'09" West, 389.58 feet to the TRUE POINT OF BEGINNING. TOGETHER with that portion described as follows BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown on a Record of Survey No. 96-0174, filed as Book 108, Pages 76-77 of Records of Survey in said Office of the County Recorder, said point also being the southwesterly corner of Parcel "A-2", as described in said sub- lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly along the westerly line of said Parcel "A-2", North 01 "01'53" West, 491.49 feet to the northwesterly corner of said Parcel "A-2"; thence continuing, North 01 "01'53" West, 47.30 feet; thence South 88058'07" West, 298.59 feet to a point of intersection with the northerly prolongation of a line that bears North 00"55'35" West, 255.31 feet as shown on said Record of Survey, said line being the easterly line of land described in a Deed recorded May 21, 1998 as Document No. 19980196585 of Official Records in said Office of the County Recorder, said point being distant North 00055'35" West, 247.00 feet from the northeasterly comer of said land described in said last mentioned Deed; thence along said northerly prolongation, South 00°55'35" East, 247.00 feet to said northeasterly corner; thence along the easterly line of said last mentioned Deed and continuing South 00055'35" East, 255.31 feet; thence continuing along said easterly line, South 41 "20'54" West, 42.29 feet to the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North 89°53'09" East, 328.05 feet to the POINT OF BEGINNING. Area containing 8.69 acres, more or less. Bearings and Distances used in the above description are based on the California Coordinate System, Zone 5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances. The legal description above was taken from "New Parcel B" as described in Certificate of Compliance for Lot Line Adjustment No. 2003-005, recorded June 19, 2003 as Document No. 2003-0414267 Official Records. L:12OW040510WGWAPPIN GNegaIsTARCEL 2DGC 2004-324 LEGAL DESCRIPTION PARCEL 3 In the City of San Bernardino, County of San Bernardino, State of California„ being a portion of Block 49 of the Rancho San Bernardino, as per map recorded in Book 7 of maps, Page 2, Records of said County together with portions of vacated streets and alley_ s lying within and adjacent to said blocks, more particularly described as follows: Commencing at the intersection of the centerline of 3rd Street and Del Rosa Avenue North; thence along the centerline of 3rd Street, North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South 00°55'35" East, along said centerline 1015.95 feet; thence at right angles to said centerline, North 89004'25" East, 60.00 feet to the East line of Del Rosa Drive and the POINT OF BEGINNING; thence North 43'06'10" East, 41.73 feet; thence North 89e0425" East, 251.35 feet; thence South 45055'35" East, 39.60 feet; thence South 00055'35" East, 255.31 feet; thence South 41020'54" West, 42.29 feet; thence South 89"53'09" West, 249.67 feet; thence North 45e55'00" West, 42.80 feet to the East line of Del Rosa Drive; thence North 00"55'35" West, along said East line, 250.79 feet to the POINT OF BEGINNING. Area containing 2.17 acres, more or less. Bearings and Distances used in the above description are based on the California Coordinate System, Zone 5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances. The legal description above was taken from Quitclaim Deed recorded May 21, 1998 as Document No. 19.98-0196585 of Official Records. L.]2004\N0610 W GVAAPPINGVega]sTARCEL 3.DOC