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HomeMy WebLinkAbout2003-059 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 26 27 28 RESOLUTION NO. 2003-59 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 00-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO DELETE PORTIONS OF PIEDMONT DRIVE, MARSHALL BOULEVARD, AND VICTORIA A VENUE FROM THE GENERAL PLAN CIRCULATION ELEMENT. 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, General Plan Amendment No. 00-02 to the General Plan of the City of San Bernardino was considered by the Planning Commission on January 22, 2003, after a noticed public hearing, and the Planning Commission's recommendation of approval has been considered by the Mayor and Common Council. (c) WHEREAS, General Plan Amendment No. 00-02 was reviewed under the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration was considered by the Mayor and Common Council. (d) WHEREAS, the Mitigated Negative Declaration 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. (e) WHEREAS, the Planning Commission conducted a noticed public hearing on January 22, 2003, in order to receive public testimony and written and oral comments on General Plan Amendment No. 00-02 (a proposal to delete portions of Piedmont Drive, Marshall Boulevard and Victoria Avenue, all designated Secondary Arterials, from the General Plan Circulation Element, as illustrated in Exhibit A, attached hereto) and fully I 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 26 27 28 r- 2003-59 reviewed and considered the Planning Division staff report and the recommendation of the Environmental Review Committee. (1) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 00-02 and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on February 18, 2003. (g) WHEREAS, the adoption of General Plan Amendment No. 00-02 is deemed in the interest of the orderly development of the City and is consistent with the goals, objectives and policies of the existing General Plan. SECTION 2. Mitigated Ne!!ative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendment to the General Plan of the City of San Bernardino could have an impact on the environment, but that there will be no impact which cannot be mitigated, and the Mitigated Negative Declaration heretofore prepared by the Environmental Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted. SECTION 3. Findin!!s 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 Land Use Goal lA and Circulation Goal 6A, providing for the continuation of development and an integrated and efficient transportation system. 2 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 26 27 28 B. 2003-59 B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that other roadways are available and have capacity to carry the trips which might otherwise use Piedmont Drive, Marshall Boulevard and Victoria A venue. The proposed amendment would not impact the balance of land uses within the City in that it applies only to the Circulation Element. SECTION 4. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: The Circulation Element of the General Plan of the City of San Bernardino IS amended by deleting portions of Piedmont Drive, Marshall Boulevard and Victoria Avenue, all designated Secondary Arterials, as shown in Exhibit A attached hereto. This amendment is designated as General Plan Amendment No. 00-02 and further described in Exhibit A, a copy of which is attached and incorporated herein by reference. C. A. General Plan Amendment No. 00-02 shall become effective immediately upon adoption of this resolution. SECTION 5. MaD 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 6. 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 3 2003-59 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 26 27 28 with California Environmental Quality Act in preparing the Mitigated Negative Declaration. III III III 4 , , 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 26 27 28 2003-59 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 00-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO DELETE PORTIONS OF PIEDMONT DRIVE, MARSHALL BOULEVARD, AND VICTORIA A VENUE FROM THE GENERAL PLAN CIRCULATION ELEMENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 18th day of February , 2003, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA X LONGVILLE X MCGINNIS X DERRY X SUAREZ X ANDERSON X Me CAMMACK X The foregoing resolution is hereby approved this d~ e Suarez, Mayor Pr C ty of San Bernardino Approved as to form and legal content: JAMES F. PENMAN :f"r !<== 5 ~ City Limits --- o~o 1'I'8C ~o. &99 766' ",.6 ", . 1 c\ . pof. l 00' 5,&6 ",.a. Q85-121-26-:) (~,.llzed Land) Q85-121-30J (FeMrall~ed bnd) Not to Scale" Portion of Piedmont Drive dedicated per Document No. a2.019692 O.R. Glenmare Street ~ ~ c ~ "n;, "'CO<:iOj .!!l . ~, 'E ~Oj ::J .2:- i:3 .., tJ\~ttUE\... s~r" Portion of Piedmont Drive dedicated on ParceJ Map No. 4679 (P.M. 53169-70) Portion or Piedmont Drive dedicated per Document No. 80.215145 O.R. \ttD\~~ ~ ~ iii .." p,,,,.!'\lO~lO \,."",&.5 p~Cf.\..' Qe5-121-33::> (Federalized Und} N."'. Cor See 29 /'" T.1 N. R. 3 "'. RESER'll ~ 1\Ott Edgemont Drive Areas to be vacated .. .. ---- .. ARS "' N " uj >-' '" ?( '" 0 0 '" 0: W a: 0 r u. .... :5 '" LOMITA PLACE ,. u -' '" 0 "' > 0: . ~~"\ ,...."\ "0, "\ ' "\"\ "\"\ "\ ~'--- N,IJ. Cor Lot 1 ~ T rQct No. 10500 P'I:D ""ON?- DItIVI: QeS-153-1D (FederaUzed L.nd) (185-153-1[> (Federalized Land) DEL NORrE DRIVE NO. '0500 pOl. rac &-'\0 t.I. . ,S L YNWOOD DRIVE $w Igs ~ ....W u> 5< CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION REAL PRO RTY SECTION Approved: Sheet .1.. of ..1.. 2.{63 Areas of vacation shown thus: ~ PROPOSED V ACA TION OF A PORTION OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD; PORTION OF MARSHALL BOULEVARD, EAST OF BLYTHE STREET; AND PORTION OF VICTORIA AVENUE, NORTH OF PIEDMONT DRIVE. PLAN NO. 10122A Created by: Checked by: .--<- 2003-59 Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, North of Piedmont Drive All of that portion of Piedmont Drive located easterly of the East line of Tract No. 6513, as per plat thereof recorded in Book 84 of Maps, pages 35 through 36 inclusive, records of the County Recorder of San Bernardino County, State of California, and northerly of the North line of Marshall Boulevard having a half width of 44 feet, as portions of said Piedmont Drive are delineated on Parcel Map No. 4879, recorded on Book No. 53 of Parcel Maps, pages 69 through 70 inclusive and also as portions of said Piedmont Drive are dedicated to the City of San Bernardino in Document No. 82-019692 recorded on January 29, 1982, Official Records of said County and also as portions of said Piedmont Drive are dedicated to the City of San Bernardino in Document No. 80-215145 recorded on September 23, 1980, Official Records of said County; and All of that portion of Marshall Boulevard lying westerly of the West line of Victoria Avenue, as said Victoria Avenue is delineated on Parcel Map No. 4795, as per plat thereof recorded in Book 65 of Parcel maps, page 17, records of said County and East of the Northerly prolongation of East line of Rockford Avenue, as said Rockford Avenue is delineated in the Map of Tract No. 9239, recorded in Book 129 of Maps, pages 66 through 67 inclusive, records of said County; and All of that portion of Victoria Avenue lying Northerly of the Westerly prolongation of the North line of Lot I, Tract No. 10500, as per plat thereof recorded in Book 155 of Maps, pages 8 through 10 inclusive, records of said County, and Westerly of the East line of Section 30, Township 1 North, Range 4 West, San Bernardino Meridian, said line also being on the corporate City limit line of the City of San Bernardino; and That portion of Marshall Boulevard lying within Lots 4, 5, and 6 of Block 16, and Lots 4, 5, and 6 of Block 17 of the Map of West Highlands, in the City of San Bernardino, County of San Bernardino, State of California, as per plat filed in book 5, Page 77 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of Parcel 1 of Parcel Map No. 4879, filed in Book 53, Pages 69 and 70 of Parcel Maps, Records of said San Bernardino County, said Southwest corner also being on the Northerly line of Marshall Boulevard; thence along said Northerly line of Marshall Boulevard, North 89050'00" East, a distance of 5.00 feet to the True Point of Beginning; thence continuing along said Northerly line North 89056'00" East, a distance of 977.08 feet to the Northeasterly line of Piedmont Drive, as shown on Parcel Map No. 10305, filed in Book 133, Page 34 of Parcel Maps, records of said San Bernardino County; thence leaving said Northerly line South 37041 '31" East, a distance 00.47 feet, along said Northwesterly line to the Northerly line of Marshall Boulevard as shown on said Parcel Map No. 10305; thence along said Northerly line of Marshall Boulevard, North 89056'00" East, a Exhibit "A" . 2003-59 Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, North of Piedmont Drive (Continued) distance of 157.45 feet to the Westerly line of Parcel Map No. 4795, as shown on a map filed in Book 65, Page 17 of Parcel Maps, records of said San Bernardino County; thence along said Westerly line South 00015'40" West, a distance of 41.25 feet to the Southwest corner of Parcel 3 of said Parcel Map No. 4795; thence along said Southerly line and its Easterly prolongation North 89056'00" East, a distance of 224.75 feet to its intersection with the Northerly Prolongation of the Easterly line of Lot 6; Block 16 of said Map of West Highlands; thence South 00015'40" West, a distance of 41.25 feet to the Northeast corner of said Lot 6; thence along the Southerly line of Marshall Boulevard South 89056'00" West, a distance of 436.00 feet to the Northerly prolongation of the Easterly line of Tract No. 9239, recorded in Book 129, Pages 66 and 67 of Maps, records of said San Bernardino County; thence along said Easterly line South 8050'44" West, a distance of 2.78 feet to the Southerly line of Marshall Boulevard, as shown on said Tract No. 9239; thence along said Southerly line South 89056'00" West, a distance of 388.79 feet to the beginning of a curve concave Southeasterly and having a radius of 20.00 feet; thence Westerly, Southwesterly and Southerly, a distance of 31.42 feet along said curve through a central angle of 90000'00"; thence North 00004'00" West, a distance of 20.89 feet to the beginning of a non-tangent curve concave Southeasterly and having a radius of 43.50 feet, a radial line through said point bears North 69007'54" West; thence Northwesterly, a distance of 12.49 feet along said curve through a central angle of 16027'26" to the beginning of a reverse curve concave Northwesterly and having a radius of 46.50 feet, a radial line through said point bears South 52040'28" East; thence Northeasterly Northwesterly, and Southwesterly, a distance of 133.47 feet along said curve through a central angle of 164027'26" to the beginning of a reverse curve concave Northwesterly and having a radius of 93.50 feet, a radial line through said point of reverse curve bears South 37007'54" East; thence Southwesterly and Westerly, a distance of 60.72 feet along said curve through a central angle of 37012'22"; thence North 89055'32" West, a distance of251.30 feet to the beginning of a curve concave Northerly and having a radius of 43.50 feet; thence Northwesterly, a distance of 6.58 feet along said curve through a central angle of 8039'41"; thence North 81015'51" West, a distance of 134.94 feet to the beginning of a curve concave Northerly and having a radius of 9.50 feet; thence Northwesterly, a distance of 4.28 feet along said curve through a central angle of25049'21"; thence North 56005'56" West, a distance of 6.11 feet; thence North 00004'00" West, a distance 00.02 feet to the True Point of Beginning of this description. Exhibit "A"