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Home My WebLink About2001-123 .'. '. I~ (See Companion Resolution 2001-124) 2 RESOLUTION NO. 2001-123 RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN, AND ADOPTING GENERAL PLAN AMENDMENT NO. 01-01 FOR THE HUB PROJECT. 3 4 5 SECTION 1. RECITALS 6 (a) WHEREAS, the Mayor and Common Council adopted the General Plan for the 7 City of San Bernardino by Resolution No. 89-159 on June 2, 1989; and 8 (b) WHEREAS, on August 17, 2000, the Environmental Review Committee 9 determined that the proposed Disposition and Development Agreement to construct 268,600 10 square foot retail project called "The HUB", and a General Plan Amendment and Development 11 Code Amendment to allow drive-thru restaurants in the Commercial Regional-TriCity (CR-3) 12 land use district could have a significant effect on the environment and thus warranted the 13 preparation of an Environmental Impact Report pursuant to the California Environmental Qualit 14 Act (CEQA); and 15 (c) WHEREAS, the City held a public scoping meeting on August 23, 2000 to solicit 16 public comment on the preparation of the Draft EIR, and 17 (d) WHEREAS, the Notice ofIntent of the City to prepare a Draft Environmental 18 Impact Report was made known to the public, responsible agencies and other interested persons 19 for their concerns and comments from August 18,2000 to September 18,2000 as required by 20 CEQA; and 21 (e) WHEREAS, a Draft Environmental Impact Report was prepared to address the 22 HUB Project which includes a Disposition and Development Agreement to construct a 268,600 23 square foot retail project called "The HUB", and a General Plan Amendment and Development 24 Code Amendment to allow drive-thru restaurants in the CR-3; and 25 -1- S",j~,""i,g'.flFCA"'~-J 1.,,"TlR MMRP Ro~, .'.do< '. '. 2001-123 (f) WHEREAS, the Draft EIR was made available to the public, responsible agencies 2 and other interested persons for their review and comment from February 2, 2001 to March 19, 3 2001 as required by CEQA; and 4 (g) WHEREAS, verbal and written comments were received on the Draft EIR; and 5 (h) WHEREAS, these comments were responded to both orally and in writing as 6 required by CEQA; and 7 (i) WHEREAS, the Planning Commission conducted a noticed public hearing on 8 April 17, 2001 in order to receive public testimony and written and oral comments on the HUB 9 Project which includes a Disposition and Development Agreement, General Plan Amendment 10 No, 01-01 and Development Code Amendment No. 01-03; and 11 (j) WHEREAS, the Development Services Department Staff Report dated April 17, 12 2001, which summarizes the potential effect of the HUB Project which includes text 13 amendments to the General Plan and the Development Code and the Disposition and 14 Development Agreement to construct approximately 268,600 square feet of commercial retail 15 space in two phases as identified in the Draft ErR and the FEIR were reviewed by the Planning 16 Commission; and 17 (k) WHEREAS, the proposed Mitigation Monitoring Plan was reviewed by the 18 Planning Commission in compliance with CEQA; and 19 (I) WHEREAS, the Planning Commission, after receiving public testimony, 20 recommended certification ofthe Environmental Impact Report, adoption of the Facts, Findings 21 and Statements of Overriding Consideration, adoption ofthe Mitigation Monitoring Plan, 22 adoption of the General Plan Amendment and adoption ofthe Development Code Amendment; 23 and 24 (m) WHEREAS, the Mayor and Common Council conducted a noticed public hearing 25 on May 21, 2001 and fully reviewed and considered the Draft EIR, Final EIR, Mitigation -2- .,"'l'I...i,,',P.I'CA"I.'.ll"ll\EIRMMRrRo"'o.do, 2001-123 Monitoring Plan, Facts, Findings and Statements of Overriding Consideration, the Planning 2 Division staffreports and the recommendation of the Planning Commission, 3 SECTION II, ENVIRONMENTAL IMP ACT REPORT 4 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE 5 MAYOR AND COMMON COUNCIL HEREBY CERTIFY: 6 A, The Environmental Impact Report (EIR) for the HUB Disposition and 7 Development Agreement, General Plan Amendment No. 01-01 and Development 8 Code Amendment No, 01-03 has been completed in compliance with the 9 California Environmental Quality Act. The FEIR (including the Mitigation 10 Monitoring Plan) and all the evidence and information contained therein and the 11 Facts, Findings and Statements of Overriding Consideration are on file with the 12 City Clerk's Office. Attachment A (Text Changes to the General Plan), 13 Attachment B (Text Changes to the Development Code) and Attachment C (Site 14 Vicinity Map) are attached and incorporated herein by reference; 15 B, The EIR was presented to the Mayor and Common Council who have reviewed 16 and considered the information in the Final EIR prior to adopting the Disposition 17 and Development Agreement, General Plan Amendment No, 01-01 and 18 Development Code Amendment No. 01-03, 19 C, The Final EIR has identified all significant environmental effects of the 20 Disposition and Development Agreement, General Plan Amendment No, 01-01 21 and Development Code Amendment No. 01-03 and there are no known 22 potentially significant environmental effects not addressed in the Final EIR, 23 D, Although the Final EIR identifies certain significant environmental effects that 24 would result if the Disposition and Development Agreement, General Plan 25 Amendment No, 01-01 and Development Code Amendment No. 01-03 are -3- S,',.PI,,";ng',.~FCA~'~_ll.I'I\EIK MMRPR.",).doc " 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E, 2001-123 F, adopted, all significant effects that can feasibly be avoided or mitigated will be avoided or mitigated by the implementation of the mitigation measures as set forth in the Mitigation Monitoring Plan for the Final EIR. The Mitigation Monitoring Plan and all information contained therein is included in the FEIR and incorporated herein by reference; Potential mitigation measures and other project alternatives not incorporated into or adopted as part of the Disposition and Development Agreement, General Plan Amendment No, 01-01 and Development Code Amendment No, 01-03 were rejected as infeasible, based on specific economic, social or other considerations as set forth in the Facts, Findings and Statements of Overriding Consideration, The Facts, Findings and Statements of Overriding Consideration and all the evidence and information contained therein are on file in the City Clerk's Office and incorporated herein by reference; The Mayor and Common Council have given great weight to the significant unavoidable adverse environmental impacts, The Mayor and Common Council find that the significant unavoidable adverse impacts are clearly outweighed by the economic, social, cultural and other benefits of the Disposition and Development Agreement, General Plan Amendment No, 01-01 and Development Code Amendment No, 01-03, as set forth in the Facts, Findings and Statements of Overriding Consideration. The findings contained in the Facts, Findings and Statements of Overriding Consideration with respect to the significant impacts identified in the Final EIR are true and correct, and are based upon substantial evidence in the record, including documents comprising the Final EIR. G. -4- ~;"'I'I.",i.~'J<I'CA"".'-II~ll 'JiIR MMRP 1<.<.. Ho, . 2001-123 H. The Final Environmental Impact Report, Mitigation Monitoring Plan and the Facts, Findings and Statements of Overriding Consideration reflect the independent review, analysis and judgment of the City of San Bernardino. 2 3 4 5 SECTION III. FINDINGS 6 BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 7 THE CITY OF SAN BERNARDINO THAT: 8 A. The proposed text amendment to allow drive-thru restaurants in the CR-3 land use 9 district is internally consistent with the General Plan in that it meets Objective 1.17 which 10 encourages the City to continue to develop region-serving uses in the CR-3 while allowing uses 11 that are of benefit to travelers. 12 B. The proposed text amendment to allow drive-thru restaurants in the CR-3 land use 13 district would not be detrimental to the public interest, health, safety, convenience, or welfare of 14 the City in that the drive-thru restaurants will only be allowed on parcels that front on 15 Tippecanoe Avenue, south of Hospitality Lane and will be developed as part of the overall HUB 16 project, thus ensuring safe access, consistent architecture and a convenient location within the 17 entire project. All development will be in accordance with all mitigation measures identified in 18 the EIR and contained within the Mitigation Monitoring Program and any subsequent 19 approvals/permits required to implement the project. 20 C. The proposed text amendment to allow drive-thru restaurants in the CR-3 land use 21 district would not affect the balance ofland uses within the City in that the amendment only 22 allows an additional use in the CR-3 land use district for limited parcels and does not change the 23 underlying land use designation. 24 25 -5- S,",I'l&,.;o,',RKA'.JI5_11.1'1\IJRMMIlPR"".l,,,"o . ' 2001-123 SECTION IV. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT 2 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 3 and Common Council that the Environmental Impact Report is certified, the Facts, Findings and 4 Statements of Overriding Consideration are adopted and the Mitigation Monitoring Plan is 5 adopted. 6 SECTION V. AMENDMENTS 7 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 8 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 9 A. The Land Use Element ofthe General Plan of the City of San Bernardino is 10 amended by changing the text of and adding text to Policy 1.17.10 and Table 4 for the HUB 11 Project site. A copy of the text for Policy 1.17.10 and Table 4 is attached hereto as Attachment 12 A and incorporated herein by reference. The 24.S-acre HUB Project site is shown on the Site 13 Vicinity Map that is attached hereto as Attachment C and incorporated herein by reference. 14 B. The text amendments described in Section V., Subsection A., are designated as 15 General Plan Amendment No. 01-01 and shall take effect upon the approval of the HUB Project 16 (et al) by the Mayor and Common Council. 17 SECTION VI. TEXT CHANGE 18 This resolution and the amendment affected by it shall be inserted in an appropriate 19 location in the Land Use Element of the General Plan which has been previously adopted and 20 approved by the Mayor and Common Council and which is on file in the office of the City Clerk. 21 SECTION VII. NOTICE OF DETERMINATION 22 The Planning Division is hereby directed to file a Notice of Determination with the 23 County of San Bernardino Clerk of the Board of Supervisors certifying the City's compliance 24 with the California Environmental Quality Act in preparing and adopting the Environmental 25 Impact Report, Facts, Findings and Statements of Overriding Consideration and Mitigation -6- S,',PI..";nt'.RfCA"'\_"_"I"'E1RMMRP~"'J.doc Monitoring Plan. 2 Clearinghouse. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2001-123 A copy of the Notice of Determination will be forwarded to the State -7- S-',f'I..";'g'.RFCA,,"ql."I'.IJRMMRPil<~,".,"" ,- .' ~ 2001-123 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN, AND ADOPTING GENERAL PLAN AMENDMENT NO. 01-01 FOR THE HUB PROJECT. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint reg. meeting thereof, held on the 6 May ,2001, by the following vote to wit: 21st day of 7 Abstain Absent 8 ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK Aves Navs x x - x x x x x Council Members: 9 10 11 12 13 14 15 ~l J:;.~ Racli G. Clark, City Clerk 16 17 18 The foregoing resolution is hereby approved this 25th day of May , 2001. 19 20 21 Approved as to form and Legal Content: 22 James F. Penman 23 City Attorney 24 25 -8- ",',J~,"ni,.',R""A""-' '~II',EI~ MMRI' "''" J.oo< . : 2001-123 ATTACHMENT A c. Reldon-Servin2 Commercial: Tri-City/Commercenter and Club Area Objective 1.17 Continue and expand the Tri-City/Commercenter and Club areas as region- serving mixed use centers; capitalizing on their location along the Interstate 10 corridor, and establishing a well-defined linkage to the City's major commercial and industrial districts and residential neighborhoods. Policies It shall be the policy of the City of San Bernardino to: Permitted Uses 1.1 7.1 0 Permit a diversity of region-serving uses including corporate and professional offices, retail commercial, entertainment (theaters, nightclubs, etc.), financial establishments, restaurants, (excluding drive thrus in the Tri City/Commercenter area only), hotels/motels, ware- house/promotional retail, supporting retail and services, and similar uses in areas designated as "Commercial Regional- Tri-City/Commercenter and Club" area (CR-3) (I1.1). 1.17.11 Permit research and development, high technology, and other business park uses, adjacent to and integrated with existing similar uses (11.1). 1.17.12 Allow for the development of outdoor dining (I 1.1). I ,gQ!X. CG-4 Commercial Regional CR-l CR-2 CR-3 CR-4 Commercial Heavy CH Locationls} 2001-123 TABLE 4 (Cont.) Princioal Uses Development Intensity lDensitv "Theme/Specialty Centers": Umited CG-l uses; emphasis on FAR 1.0 Mount Vernon Avenue "specialty" retail, restaurants, between 4th and 8th Streets, theaters, cultural facilities, and Railroad Depot and adjacent social service uses and excluding properties, and others as sub- furniture stores, NchainN supermarkets, sequentIy defined. and drugstores, and building materials and supplies. Central City and Inland Center Malls Downtown Tri-City /Commercenter and "Oub" Areas Auto Plaza Area Locations throughout the City. Dep;irtment store anchors with suppoz:.tjng retail, restaurants, inter- tainment, banks, and similar Uses. FAR 1.5 Government, professional, and Commercial and office: corporate offices; hotel and convention FAR 3.0 facilities; entertainment; cultural/historic; Residential: 54du/ supporting retail uses; restaurants; gross acre. and residential (market-rate and Residential vertically senior/congregate care). integrated with commercial: +FAR 1.0. Senior/Senior Congregate Care: 108 du/acre maximum. Corporate offices, research and development, hotel and motel, restaurants (ach1ding fbh'"€ thftto in tI.", T.: C~l} /C,nLl!l erSeRtw :3.A!1 ~, entertainment, warehouse retail, and supporting retail. Automobile sales and related uses. Commercial: 0.7 Office and overnight accommodations: FAR 3.0 R&:D: FAR 1.5 FAR 0.7 Commercial uses that require out- door sales, display, and/or storage areas (e.g., auto and truck repair faci1i ties, lumberyards, and related building materials and hardware sales, plant nurseries), light industrial manufacturing and storage facilities, excludes typical neighborhood commercial uses. FAR 0.7 1-29 '. . 2001-123 ATTACHMENT B' COMMERCIAL DISTRICTS - 19.06 K. CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) DISTRICT This district is intended to permit a diversity of regional-serving uses including corporate and professional offices, retail commercial, entertainment (theaters, nightclubs, etc.), [mancial establishments, restaurants (-eJlcluliing drive thrus in the Tri City/Commercenter area only), (drive-thrus south of 1-10 and adjacent to Tippecanoe Avenue between Hospitality Lane and 1-10 only) hotels/motels, warehouse/promotional retail, supporting retail and services, and similar uses. 1. CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) DISTRICT This district is intended to provide for the development of new and used automobile and truck sales and related retail and service uses in the Auto Plaza area. M. CCS-l (CENTRAL CITY SOUTH) DISTRICT This district is intended to permit general retail type uses. Standards are contained in Chapter 19.13. N. CCS-2 (CENTRAL CITY SOUTH) DISTRICT This district is intended to permit service commercial uses. Standards are contained in Chapter 19.13. O. CCS-3 (CENTRAL CITY SOUTH-FLOOD CONTROL CHANNEL) DISTRICT This district is intended to provide for the flood control channel. Standards are contained in Chapter 19.13. P. CH (COMMERCIAL HEAVY) DISTRICT This district is intended to accommodate automobile and truck sales and repair facilities, lumberyards, and related hardware sales, plant nurseries, light industrial manufacturing and storage facilities, and similar uses requiring extensive outdoor or indoor space for their sales, service, and/or storage, excluding neighborhood commercial uses. Q. OIP (OFFICE INDUSTRIAL PARK) DISTRICT This district is intended to establish the Waterman A venue corridor and other appropriate areas as distinctive office industrial parks and corporate centers serving City and regional needs. Supporting retail/commercial services may be located in Corporate Office Industrial Park structures. 11-62 7/97 .j: '" U'" U '" U- U == U ~..,. U ~'" U ~'" U ~- U "g; U:;;o "", U rJJ f;l;l rJJ " '" ;:JU CI ,-, " '" E::: U ~ .... ~ 8'" ~ 0_ ","u o ....z rJJU .... ...:i rJJ .... U ;: .... rJJ .... 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'0:0 "u 0 a ~ e U .~ 0 ,~ t:: :;. -1<< UQ >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< ,g E c U) E C'lI ~ :I 5 9 ~ ~ .- ~ U :J Cl:ucO:: ~~gu"2 .- ;J U .g:C'c"F c " " :;; u o :I ~I~ > - c ....::; ,_ " "8 '" ~ <0:1 00 IJ.i u.: ci ::...; 2001-123 >< >< >< >< >< >< >< >< >< >< >< >< >< ->< >< >< >< >< >< >< >< K Joe "'Joe >< >< >< C ON 'r;; 0\ "r!. 11- g~ U:q;> =QO~ U !!U~.!3?f """ " ';;j ~ O::""~",,O 1.0 .g..c:;cii 8.!! ~.-.- "'d -; .r:! .5 .5 .5::;:::;:::;:::;: ..; :J..J~ >< >< >< >< >< >< >< >< >< >< >< Joe K J< J< >< >< >< >< >< >< >< >< >< .... 1.5 ~ ~.~ .g U) O:E g !J ~ :z:: .- '0 t: 01.:: " 0 ~ '8:= tf ct- ~,~ij'g~ U -:= Ci:I (J := ,= ~ U):t3. .g:;il-M~ ::;:::;: 0:: "':Z:: zo~6 11-80 co1'&! l.CIAL DISTRICTS - 19.06 >< >< >< >< >< >< >< >< -u-g c ._ := e o " ~ ~ Q8 ~ ~ " 'U; .2.2 :I co co o - - :z:: '" '" " " ~ to) ~ 'S 'f'e " " " <Il <Il <Il li.,;~=> >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< >< ~ , N .... >. 000;' ~ g .e't;l UQO ~ ~~~oo go :i!::l 0 U " ,,- oo_;:EO.!:!O\ j~jg e~~ u.. -. ",';;; & ~ 'e' 1..0 g U,_U~ uO'oo i.~ i c io:: u .- ,t'l .- UO .- '" "" ""_ ~ ""_..c:; :> ~ ~). 1 ....j >< f j- :t 1 ~ 32 [11 <J 1 t \-: -f- 1 \l S;~ ~ '< ~ ~ 'i ~ '" J u ~~ ~ao >. "", a ~;~ 2~~~~ I M" - __MN", 'O~~~a ,cOCOClOO- l~~~~ .-J >< - N ~ .. V\ 12/98 2001-123 ",w COMMERCIAL DISTRICTS - 19.06 cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands. 12. A bicycle rack shall be installed in a convenient location visible from the inside of the store. 13. Each convenience store shall provide a public restroom located within the store. 14. Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out service only. 15. On-site video games may not be installed or operated on the premises. 16. A convenience store adjacent to any residentially designated district shall have a 6 foot high decorative masonry wall along property lines adjacent to such districts. 17. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (pCC) concrete. H. DAY CARE CENTERS Refer to Section 19.04.030(2)(B). I. DRIVE- THRU RESTAURANTS This Section contains standards for drive-thru restaurants as well as prohibition of same in specified land use districts. Drive-thru restaurants are subject to Conditional Use Permit review. 1. Establishments providing drive-thru facilities may be permitted in the CG-l, CG-2, CG-3, CG-4, and CR-3 (south of 1-10 only and adjacent to Tippecanoe Avenue between Hospitality Lane and 1-10 only) land use districts . 2. Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping. 3. Drive-thru aisles shall have a minimum 12 foot width on curves and a minimum 11 foot width on straight sections. 4. Drive-thru aisles shall provide sufficient stacking area behind menu board to accommodate a minimum of 6 cars. 5. All service areas, restrooms and ground mounted and roof mounted mechanical equipment shall be screened from view. 11-92 7/97 . , 2001-123 -.' . ~ ~ o 0 ~ 1ii "5 ~ i'l 0 '3A'r/ 30N'r/03ddl.L m .3 Z ..J w > ii: c c c c ~ W II: => :5 Ii c a: w a: lD :t - ..,J j$ ii: Vl o :r .J a. z <( :E a: a: <( S: !:i iii a: w c z ;g anua^'V UeWJa~eM ATTACHMENT C ~i '.