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HomeMy WebLinkAbout2001-065 -. ". 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. 2001-65 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 00-01 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM RL, RESIDENTIAL LOW, TO CG-3, COMMERCIAL GENERAL - UNIVERSITY VILLAGE, FOR 6.66 ACRES LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY PARKWAY AND KENDALL DRIVE. 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. 00-01 to the General Plan of the City of San Bernardino was considered by the Planning Commission on March 6,2001, after a noticed public hearing, and the Planning Commission's recommendation of approval has been considered by the Mayor and Common Council. (c) WHEREAS, an Initial Study was prepared on January 18, 2001 and reviewed by 18 the Environmental Review Committee and the Planning Commission who both determined that 19 General Plan Amendment No. 00-01 would not have a significant effect on the environment 20 and therefore, recommend that a mitigated Negative Declaration be adopted. 21 22 (d) WHEREAS, the proposed mitigated Negative Declaration received a 20-day public review period from January 24, 2001 through February 14, 2001 and all comments relative 23 24 thereto have been reviewed by the Planning Commission and the Mayor and Common Council 25 in compliance with the California Environmental Quality Act (CEQA) and local regulations. 26 (e) WHEREAS, the Planning Commission conducted a noticed public hearing on 27 28 March 6, 2001 in order to receive public testimony and written and oral comments on General 1 2001-65 -. Plan Amendment No. 00-01 (a proposal to change the General Plan Land Use Designation from RL, Residential Low, to CG-3, Commercial General - University Village, for 6.66 acres located at the northwest corner of University Parkway and Kendall Drive) 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. 00-01 and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on April 2, 2001. (g) WHEREAS, the adoption of General Plan Amendment No. 01-01 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 The proposed amendment is internally consistent with the General Plan in that it meets Objective 1.23 to "Develop properties adjacent to the California State University at San 2 2001-65 Bernardino along North Park Boulevard, Kendall Drive, and University Parkway for commercial and personal service uses to meet the needs of students, faculty and visitors" . The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that any development proposed for the site in the future will be required to meet the extensive development standards that are in place to buffer nearby sensitive uses and that enable commercial projects to blend with adjacent neighborhoods. The proposed amendment would not impact the balance of land uses within the City in that the addition of commercial designated land will provide additional opportunities for economic development that have been lost during the recession of the last several years. 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 the amendment area is bounded on two sides by developed, dedicated streets, and existing infrastructure suitable for urban development. 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 RL, Residential Low, to CG-3, Commercial General - University Village, for 6.66 acres located at the northwest corner of University Parkway and Kendall Drive. This amendment is designated as General Plan 3 2001-65 Amendment No. 00-01 and its location is outlined on the map entitled Exhibit I, and further described in Exhibit 2, copies of which are attached and incorporated herein for reference. General Plan Amendment No. 00-01 shall become effective immediately upon adoption of this resolution. SECTION 5. Map Notation This resolution and the amendment affected by it shall be noted on such appropriate General Plan maps as having been 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 Negative Declaration. 4 2001-65 1 2 3 4 5 6 RESOLUTION. , . ADOPTING GENERAL PLAN AMENDMENT NO. 00-01 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM RL, RESIDENTIAL LOW, TO CG-3, COMMERCIAL - UNIVERSITY VILLAGE, FOR 6.66 ACRES LOCATED AT THE NORHTWEST CORNER OF UNIVERSITY PARKWAY AND KENDALL DRIVE. 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, 7 held on the 2nd day of 8 Council Members 9 ESTRADA 10 ,2001, by the following vote, to wit: April NAYS ABSTAIN ABSENT AYES x x x x x x x 19 20 21 22 23 24 Approved as to form and legal content: ~j;-~ The foregoing resolution is hereby approved this;Sr d day of April 2001. 25 JAMES F. PENMAN 26 City Attorney 27 28 ) Vet: I,",</? "/- . Vc: 1!..- 'Tv'-&!-,,,,\ ! -f , By: ( 5 2001-65 Exhibit 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PRO.JECT: GPA No. 00-01; TPM No. 15537; CUP No. 00-13; VAR No. 00-10 HEARING DATE: 04/02/01 u NORTH Proposed GPA from RL, Residential Low to CG-3, Commercial General rr C.aLlFOtUIIA STAT! ~.~ . ....... . .- ... ~~. . . . ~! ... :.-.:;:'~~ .!- .' ., ~~ ~ 2001-65 EXHIBIT 2 PARCEL A (APN 0151-241-03,12) THAT PORTION OF LOTS I AND 2, BLOCK 3 OF THE WIGGINS TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE(S) 74, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY OF A LINE THAT IS 100.00 FEET NORTHWESTERLY OF AND MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF KENDALL DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 13,1925, IN BOOK 39, PAGE 57, OFFICIAL RECORDS OF SAID COUNTY AND THE WEST LINE OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IF SAID SECTION LINES WERE EXTENDED ACROSS THE MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID COUNTY; THENCE SOUTH 60034' 56" EAST (RECORDED SOUTH 600 25' EAST) ALONG SAID CENTER LINE, A DISTANCE OF 35.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 580 45' 19" EAST, A DISTANCE OF 378.22 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 4000.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09015' 19", A DISTANCE OF 646.14 FEET; THENCE NORTH 490 30' 00" EAST, TANGENT TO SAID CURVE, A DISTANCE OF 563.31 FEET TO THE POINT OF TERMINATION. THE SIDE LINES OF SAID PARCEL ARE TO BE LENGTHENED OR SHORTENED SO AS TO COMMENCE ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID KENDALL DRIVE AND TO TERMINATE ON A LINE THAT IS 120.00 FEET, SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF THE PROPERTY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 30,1964, IN BOOK 6180, PAGE 106, OFFICIAL RECORDS OF SAID COUNTY, A RADIAL BEARS NORTH 31025' 59" EAST, FROM SAID MOST WESTERLY CORNER OF SAID STATE PROPERTY; THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 2268.19 FEET AND A CENTRAL ANGLE OF 350 46' 01", A DISTANCE OF 1455.51 FEET TO THE TERMINATION THEREOF. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THAT CERTAIN PARCEL OF LAND CONVEYED TO RYLAND M. THOMASON, A MARRIED MAN BY 2001-65 DEED RECORDED NOVEMBER 30, 1962, IN BOOK 581 0, PAGE 124, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED APRIL 23,1940, IN BOOK 1415, PAGE 37, OFFICIAL RECORDS OF SAID COUNTY. NOTE: BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A BEARING OF SOUTH 21048' 00" EAST, BETWEEN G. E. SHEARES CORNER NUMBER 14 AND CORNER NUMBER 15 AS PER RECORD OF SURVEY RECORDED IN BOOK 4, PAGES 9 AND 10, RECORDS OF SAID COUNTY. REFERENCE IS MADE TO A RIGHT OF WAY MAP ON FILE IN THE CITY ENGINEERS OFFICE, PLAN NO. 3181 FOR MORE PARTICULARS. PARCEL B (APN 0266-115-14) THAT PORTION OF THE NORTHWEST 1/4 OF LOT 3, BLOCK 3 OF THE WIGGINS TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE(S) 74, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY OF A LINE THAT IS 100.00 FEET NORTHWESTERLY OF AND MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF KENDALL DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 13,1925, IN BOOK 39, PAGE 57, OFFICIAL RECORDS OF SAID COUNTY, AND THE WEST LINE OF SECTION 17, TOWNSHIP I NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IF SAID SECTION LINES WERE EXTENDED ACROSS THE MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 600 34' 56" EAST (RECORDED SOUTH 600 26' EAST) ALONG SAID CENTER LINE, A DISTANCE OF 35.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 580 45' 19" EAST, A DISTANCE OF 378.22 FEET TO THE POINT OF TERMINATION. NOTE: THE BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A BEARING OF SOUTH 210 48' 00" EAST, BETWEEN G. E. SHEARES CORNER NO. 14 AND CORNER NO. 15, AS PER RECORD OF SURVEY, RECORDED IN BOOK 4, PAGES 9 AND 10, RECORDS OF SAID COUNTY. 2001-65 PARCEL C THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED IN THE NORTHWEST ONE QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS; THAT PORTION OF BLOCK 3, OF THE WIGGINS TRACT, AS SHOWN BY MAP ON FILE IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND UNIVERSITY P ARKW A Y; THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG SAID CENTERLINE OF KENDALL DRIVE, A DISTANCE OF 35.74 FEET, TO ITS INTERSECTION WITH THE WEST LINE OF SAID SECTION 17; THENCE NORTH 00 DEGREES 02 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 57.44 FEET TO THE NORTHERLY RIGHT OF WAY OF KENDALL DRIVE BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID SECTION 17, NORTH 00 DEGREES 02 MINUTES 35 SECONDS WEST A DISTANCE OF 23.01 FEET TO A POINT THAT MEASURES 100.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NORTH 58 DEGREES 47 MINUTES 55 SECONDS EAST PARALLEL TO SAID CENTERLINE OF UNIVERSITY PARKWAY, A DISTANCE OF 354.16 FEET TO THE BEGINNING OF A 3900.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, A RADIAL TO SAID BEGINNING BEARS SOUTH 31 DEGREES 13 MINUTES 38 SECONDS EAST; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09 DEGREES 15 MINUTES 10 SECONDS AN ARC DISTANCE OF 629.82 FEET, A RADIAL TO SAID POINT BEARS SOUTH 40 DEGREES 28 MINUTES 48 SECONDS EAST, SAID POINT BEING 100.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NON-TANGENT TO SAID CURVE, NORTH 49 DEGREES 31 MINUTES 36 SECONDS EAST PARALLEL TO THE CENTERLINE OF UNIVERSITY P ARKW A Y A DISTANCE OF 102.33 FEET TO THE NORTH LINE OF LOT I, BLOCK 3, OF THE WIGGINS TRACT AS RECORDED IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; .' 2001-65 THENCE NORTH 89 DEGREES 58 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE OF SAID LOT 1 A DISTANCE OF 53.95 FEET, TO A POINT THAT MEASURES 65.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY P ARKW A Y; THENCE SOUTH 49 DEGREES 31 MINUTES 36 SECONDS WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY P ARKW A Y A DISTANCE OF 293.12 FEET TO THE BEGINNING OF A 3025.16 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01 DEGREES 09 MINUTES 19 SECONDS AN ARC DISTANCE OF 61.00 FEET, TO THE BEGINNING OF A 3940.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, A RADIAL TO SAID BEGINNING BEARS SOUTH 37 DEGREES 24 MINUTES 51 SECONDS EAST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06 DEGREES II MINUTES 12 SECONDS AN ARC DISTANCE OF 425.43 FEET, SAID POINT BEING 60.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY P ARKW A Y; THENCE NON-TANGENT TO SAID CURVE, SOUTH 58 DEGREES 47 MINUTES 55 SECONDS WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY P ARKW A Y, A DISTANCE OF 333.48 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 31 SECONDS WEST A DISTANCE OF 36.59 FEET TO THE NORTHERLY RIGHT OF WAY TO KENDALL DRIVE; THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG THE NORTHERLY RIGHT OF WAY OF SAID KENDALL DRIVE A DISTANCE OF 2.11 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.9909 ACRES.