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HomeMy WebLinkAbout2002-159 1 2 3 .. 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. 2002-159 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 02-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM CR-2, COMMERCIAL REGIONAL, TO CG-I, COMMERCIAL GENERAL, FOR .32 ACRES LOCATED AT 725 -735 NORTH D STREET. 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. 02-04 to the General Plan of the City of San Bernardino was considered by the Planning Commission on April 2, 2002, 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. 02-04 was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, and would not have a significant effect on the environment. (d) WHEREAS, the exemption from 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. (e) WHEREAS, the Planning Commission conducted a noticed public hearing on April 2, 2002, in order to receive public testimony and written and oral comments on General Plan Amendment No. 02-04 (a proposal to change the General Plan Land Use Designation from CR-2, Commercial Regional, to CG-1, Commercial General, for .32- 1 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 2002-159 acres located at 725 - 735 North D Street and fully reviewed and considered the Planning Division staff report and the recommendation of the Environmental Review Committee. (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 02-04 and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on June 3, 2002. (g) WHEREAS, the adoption of General Plan Amendment No. 02-04 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. Exemotion 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 will have no significant effect on the environment, and the exemption heretofore prepared by the Environmental Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted. SECTION 3. 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 Policy 1.24.13, by permitting the development of cultural, social educational, and other community-serving facilities. B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that all counseling treatment programs 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 C. D. 2002-159 A. are conducted within an enclosed structure. Furthermore, any renovation or expansion work 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 CR-2 district and is consistent with General Plan Policy 1.24.13. 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 CR-2, Commercial Regional, to CG-I, Commercial General, for .32 acres located at 725 - 735 North D Street. This amendment is designated as General Plan Amendment No. 02-04 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. 02-04 shall become effective immediately upon adoption of this resolution. B. 3 1 2 3 4 5 6 7 8 9 10 II I 11 II I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2002-159 SECTION 5. 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 6. Notice of Exemption The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino certifying the City's compliance with California Environmental Quality Act in preparing the Exemption. 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 2002-159 RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 01-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM CR-2, COMMERCIAL REGIONAL, TO CG-l, COMMERCIAL GENERAL, FOR .32 ACRES LOCATED AT 725 - 735 NORTH D STREET. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ngular joint meeting thereof, held on the 3rd day of June , 2002, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x DERRY x SUAREZ x ANDERSON x MC CAMMACK x ~~ Cit lerk /J.~ - The foregoing resolution is hereby approved this ,2002. ALLES, Mayor f San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: 5 2002-159 ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA 02-04 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 4/2/02 1J NORTH ...LJ'--:I I' ~I~ IL.-;' . '---' ' . '- ~ .~.-~ -, IT::I ~ ""~r--o-7fl I ~' IT ~ r.!....J ' _ , ... '..~i I~ -'~;I J I' - , . . : I ~i~ []04- r.::: .itr? .. ~ :;I":".:I! : ,~,...... I u. I ~I J i i:: ~ i I II .B ~ r t+, ~ =---- .- j i i [....., I ! 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