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HomeMy WebLinkAbout2003-060 ,. .' 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 2003-60 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 02-07 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM RU-1, RESIDENTIAL URBAN, TO CG-l, COMMERCIAL GENERAL, FOR 9.8 ACRES LOCATED ON THE NORTH SIDE OF KENDALL DRIVE, APPROXIMATELY 1,250 FEET EASTERLY OF PALM AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Recitals (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the 10 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. 11 12 13 noticed public hearing, and the Planning Commission's recommendation has been considered by 14 15 16 17 (b) WHEREAS, General Plan Amendment No. 02-07 to the General Plan of the City of San Bernardino was considered by the Planning Commission on January 22, 2003, after a the Mayor and Common Council. (c) WHEREAS, General Plan Amendment No. 02-07 was reviewed under the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration was considered by the 18 Mayor and Common Council. 19 20 Commission and the Mayor and Common Council in compliance with the California 21 22 23 24 25 26 27 28 (d) WHEREAS, the Mitigated Negative Declaration has been reviewed by the Planning 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. 02-07 (a proposal to change the General Plan Land Use Designation from RU-I, Residential Urban, to CG-I, Commercial General, fOf 9.8 acres located on the north side of Kendall Drive, approximately 1,250 feet easterly of Palm Avenue, and fully reviewed and I . , ' 2003-60 considered the Planning Division staff report and the recommendation of the Environmental Review Committee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SECTION 3. Findings 20 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San 21 Bernardino that: 22 23 A. The proposed amendment is internally consistent with the General Plan in that it rneets 24 General Plan Goal I A, and provides for the continuation and development of sufficient 25 land uses to serve the housing, commercial, educational, cultural, recreational, and social 26 needs of existing residents and population growth. 27 28 (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 02-07 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. 02-07 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 Negative 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 to a level of insignificance, 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. 2 1 B. 2 3 4 5 c. 6 7 8 9 10 D. 11 12 13 14 15 16 17 18 A. 19 20 21 22 23 24 25 B. 26 27 28 2003-60 The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that all activities are conducted within an enclosed structure. Furthermore, all future commercial development will be required to comply with all applicable provisions of the Development Code. The proposed amendment would not impact the balance of land uses within the City in that the proposed property is adjacent to other commercial uses in the CG-I district and is consistent with General Plan Goal I A. The General Plan Amendment does not adversely impact the balance ofland uses within the City. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not lirnited 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. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: The Land Use Plan of the General Plan of the City of San Bernardino is amended by changing the land use designation from RU-I, Residential Urban, to CG-I, Commercial General, for 9.8 acres located on the north side of Kendall Drive, approximately 1,250 feet easterly of Palm Avenue. This amendment is designated as General Plan Amendment No. 02-07 and its location is outlined on the map entitled Attachment A, a copy of which is attached and incorporated herein for reference. General Plan Amendment No. 02-07 shall become effective immediately upon adoption of this resolution. 3 2003-60 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 SECTION 5. Man Notation This resolution and the amendment affected by it shall be noted on such appropriate General Plan rnaps 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 with California Environmental Quality Act in preparing the Mitigated Negative Declaration. 4 I, I' 2003-60 RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 02-07 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM RU-l, RESIDENTIAL URBAN, TO CG-l, COMMERCIAL GENERAL, FOR 9.8 ACRES LOCATED ON THE NORTH SIDE OF KENDALL AVENUE, APPROXIMATELY 1,250 FEET EASTERLY OF PALM AVENUE. 1 2 3 4 5 6 7 8 9 10 11 12 MCGINNIS I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Comrnon Council of the City of San Bernardino at a joint regular meeting thereof, held on the 18th day of February , 2003, by the following yote, to wit: Council Members AYES ABSTAIN ABSENT NAYS ESTRADA x LONGVILLE x x 13 DERRY 14 15 16 17 18 19 20 x SUAREZ x ANDERSON x Me CAMMACK x 21 22 VxtndMuYu pcLin01 ~1;;, City Clerk 0 Th, 'o"go'o, =10"00 " h,,,hy ",prowd lli', ,;I""" ""r 0 "".~ ~ ~2003 / 1.1 {J tge Suarez, Mayor Pr~ \jty of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 By: Ll~ {l 27 28 5 , . 2003-60 A TT ACHMENT A GENERAL PLAN AMENDMENT NO. 02-07 LOCATION MAP 0261-191-18 \' \'\ \, \' " , ~. i N