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Home My WebLink About2003-264 1 RESOLUTION NO, 2003-264 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL 3 PLAN AMENDMENT NO, 02-11 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS 4 FROM RE, RESIDENTIAL ESTATE, TO RL, RESIDENTIAL LOW, FOR 4,33 ACRES LOCATED AT NORTHWEST CORNER OF PALM AND IRVINGTON AVENUES 5 AND FOR THE EASTERLY 5,65 ACRES OF A 10.35 ACRE PARCEL LOCATED AT 6 THE NORTHEAST CORNER OF PALM AND IRVINGTON AVENUES, 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS; 8 9 10 SECTION I, Recitals (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the 11 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. 12 13 (b) WHEREAS, General Plan Amendment No. 02-11 (a proposal to change the General Plan Land Use Designation from RE, Residential Estate, to RL, Residential Low, for 4,33 14 15 acres located at the northwest corner of Palm and Irvington Avenues and the easterly 5.65 16 17 18 acres of a parcel located at the northeast corner of Palm and Irvington A venues) was considered by the Planning Commission on June 17, 2003, after a noticed public hearing. The Planning Commission's three to three tie vote on a motion to recommend denial of the General 19 Plan Amendment has been considered by the Mayor and CommDn Council. 20 21 (c) WHEREAS, General Plan Amendment No, 02-11 was reviewed under the 22 California Environmental Quality Act (CEQA) through an Initial Study which found no 23 significant adverse effects on the environment after incorporation of mitigation measures, 24 25 reviewed by the Planning Commission and the Mayor and Common Council in compliance 26 (d) WHEREAS, the Mitigated Negative Declaration pursuant to CEQA has been 27 with the California Environmental Quality Act (CEQA) and local regulations, 28 I l 2003-264 (e) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 02-11 and the Planning Commission and Environmental Review Committee actions and Planning Division Staff Report 1 2 3 4 5 6 7 8 9 10 11 12 Mayor and Common Council that the proposed amendment to the General Plan of the City of 13 San Bernardino will have no significant adverse effect on the environment with incorporation 14 of the proposed mitigation measures, and the Mitigated Negative Declaration heretofore 15 accepted by the Environmental Review Committee as to the effect of this proposed amendment 16 17 is hereby ratified, affirmed and adopted. 18 SECTION 3. Findinll:s 19 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San 20 Bernardino that; 21 22 23 24 25 26 27 28 on September 15, 2003, (t) WHEREAS, the adoption of General Plan Amendment No, 02-11 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, Mitill:ated Nell:ative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the A. The proposed amendment is internally consistent with the General Plan in that it meets General Plan Objective 1.8, in that it would allow for the subdivision of land for single- family residential lots, which are in an existing single-family residential area. The proposed subdivision will be consistent with existing development in the area, and 2 I 2003-264 General Plan Goal IG(j), in that the proposal includes approximately 4.7 acres to be dedicated as a park to serve the recreational needs of the local residents, furthering the goal to add recreational service areas, The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the area is already designated for residential uses. Furthermore, all future residential development will be required to comply with all applicable provisions of the Development Code and the mitigation measures within the Mitigation Monitoring/Reporting Program. The proposed amendment would not impact the balance of land uses within the City in that the proposed property is already planned for single-family residential use and is adjacent to other single-family residential uses in the RL, Residential Low and RE, Residential Estate land use districts and is consistent with General Plan Objective 1.8 and Goal IG(j). The General Plan Amendment does not adversely impact the balance of land 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 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. 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 RE, Residential Estate, to RL, Residential Low, 3 1 2 3 4 5 6 7 B. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-264 for 4.33 acres located at the northwest corner of Palm and Irvington Avenues and the easterly 5,65 acres of a parcel located at the northeast corner of Palm and Irvington Avenues. This amendment is designated as General Plan Amendment No. 02-11 and its location is outlined on the map entitled Attachment A, and further described in Attachment B, copies of which are attached and incorporated herein for reference, General Plan Amendment No. 02-11 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 with California Environmental Quality Act in preparing the Initial StudylMitigated Negative Declaration. III 4 1 2003-264 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, joint regular 8 held on the 15 th day of 9 10 11 12 LONGVILLE 13 MCGINNIS 14 15 16 17 18 19 20 21 22 September ,2003, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA x x x DERRY x SUAREZ x ANDERSON x MC CAMMACK x .s1tM1Ilwfl[f{J~YJaJ ~ City Clerk ) The foregoing resolution is hereby approved this /~ay of September ,2003, frIc(; t ~ t-- ~/ ~ -(7.;, ~dcj ~ ~~~ ~~ ~~ ~1 ~0~i~ ~A ~~~ '), ,.-L4 ~~ pu-,o.",/ ~ .'~'~'~' .l.r.,Q 23 1/r/o) 24 25 26 27 28 5 t ROPOSED LAND U~C I I , I , I I Ji - I -- , I w, ~I is' ~I ~i , RL PAlM AYEIt.{ RE I , I , ! RL I , I , I , I , L!: ___________ OLl VE A VENUE GENERAL PLAN AMENDMENT 02-11 TENTATIVE TRACT NO. 15940 TENTATIVE TRACT NO. 16457 EXHIBIT A MAP CO 413 MACKAY DRIVE P.Q, BOX 5822 SAN BERNARDINO, CA 92412 (909) 384-7464 GENERAL PLAN AMENDMENT 02-11 TRACT NO, 16457 EXHIBIT B-1 PROPOSED LAND USE Legal Description for RE zoninl1.: The northwesterly 337.8 feet of the following described property Lots 3 and 4, block 85, Irvington Land and Water Company Subdivision, as per plat recorded in Book 3 of Maps, Page 9, records of said county Note: by Order of the Board of Supervisors, dated February 21, 1910, and filed in Road Book C- 250, in the county surveyor's office, the northerly 10 feet ofIrvington Avenue, the easterly 10 feet of Palm Avenue and the westerly 10 feet of Olive Avenue were vacated. said avenues running along the southerly, easterly and westerly boundaries, respectively of the property herein described, Legal Description for RL zoninl1.: Lots 3 and 4, block 85, Irvington Land and Water Company Subdivision, as per plat recorded in Book 3 of Maps, Page 9, records of said county. Note: by Order of the Board of Supervisors, dated February 21, 1910, and filed in Road Book C- 250, in the county surveyor's office, the northerly 10 feet ofIrvington Avenue, the easterly 10 feet of Palm Avenue and the westerly 10 feet of Olive Avenue were vacated. said avenues running along the southerly, easterly and westerly boundaries, respectively of the property herein described, Excepting there from the following described property: The northwesterly 337.8 feet of the following described property: Lots 3 and 4, block 85, Irvington Land and Water Company Subdivision, as per plat recorded in Book 3 of Maps, Page 9, records of said county. / , /i 'j [I !~ Michael L Anderson, PLS 6916 Page 1 of 1 GENERAL PLAN AMENDMENT 02-11 TRACT NO, 15940 EXHIBIT B-2 PROPOSED LAND USE Lel!.al DescriDtion tor RL zoning: Lots:2 and 3. Block 87, according to plat of Town ofIrvington and the Land ofIrvington and Water Company, in the County of San Bernardino, State of California. As per plat recorded in Book I of Maps, Page 3, Records of Survey; being are-survey of the map recorded in Book 3. Page 9 of Maps, in the office of the county recorder of said county. Except that portion described as follows: Commencing at the southwesterly corner of Belmont Avenue and Palm Avenue; thence southerly along the westerly line of said Palm Avenue 520,00 feet; thence westerly 315.00 feet parallel with the southerly line of said Belmont Avenue; thence northerly 130.00 feet parallel to the west line of said Palm Avenue; thence westerly parallel with the southerly line of said Belmont Avenue to a point on the west line of said lot 2; thence northerly along the west line of said lot, 390.00 feet to the northwest comer of said lot; thence easterly to the point of beginning. Pi/ '_.../"[./ j. f,~._ ___._. "; ;., ,I . !l'" Michael L Anderson, PLS 6916 Page I of I