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HomeMy WebLinkAbout1999-052 Res 1999-52 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 RESOLUTION NO. 1999-52 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO RS, RESIDENTIAL SUBURBAN, FOR 20.65 ACRES LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND WATERMAN 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 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. (b) WHEREAS, General Plan Amendment No. 98-06 to the General Plan of the City of San Bernardino was considered by the Planning Commission with other project applications (Tentative Tract Map No. 15826 and Variance No. 98-12) on February 16, 1999, 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 December 17, 1998 and reviewed by the Environmental Review Committee and the Planning Commission who both determined that General Plan Amendment No. 98-06 would not have a significant effect on the environment, and that any potential environmental impacts resulting from the subdivision project and related variance request (Tentative Tract Map No. 15826 and Variance No. 98-12) can be mitigated to below a level of significance, and therefore, recommend that a Mitigated Negative Declaration be adopted. (d) WHEREAS, the proposed Mitigated Negative Declaration received a 20-day public review period from December 24, 1998 through January 12, 1999 and all comments relative I Res 1999-52 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 thereto have 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, a Mitigation Monitoring and Reporting Program, prepared for the subdivision project to ensure that the project complies with the mitigation measures identified in the Initial Study, was reviewed by the Planning Commission and the Mayor and Common Council and approved as a Conditions of Approval for the project. (f) WHEREAS, the Planning Commission conducted a noticed public hearing on February 16, 1999 in order to receive public testimony and written and oral comments on General Plan Amendment No. 98-06 (a proposal to change the General Plan Land Use Designation from CG-l, Commercial General, to RS, Residential Suburban, for 20.65 acres of land located at the northwest corner of Washington Street and Waterman Avenue) and fully reviewed and considered the Planning Division staff report and the recommendation of the Environmental Review Committee. (g) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 98-06 and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on March 15, 1999. (h) WHEREAS, the adoption of General Plan Amendment No. 98-06 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. Miti\!ated 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 2 Res 1999-52 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 San Bernardino will have no significant effect on the environment, and that any potential environmental impacts resulting from the subdivision project can be mitigated to below a level of significance, 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. 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 Goal I G(b) and (g) which outlines the pattern and distribution of land uses in the City, and will allow for the development of vacant land with single-family residential uses at the prevailing scale and character of nearby residential developments. B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the RS designation is more appropriate for the subject property given the recent changes in pattern of land uses in the surrounding area. C. The proposed amendment would not impact the balance of land uses within the City in that the majority of General Plan map amendments since 1989 have removed land from residential designations to commercial designations; this proposal will return 20.65 acres of commercial land to the City's residential acreage. D. The proposed amendment will allow for the development of the site with single-family residential uses that are compatible with the surrounding single-family residential neighborhoods. IIII 3 1999-52 In the case of an amendment to the General Plan Land Use Map, the subject parcel 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 all 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 CG-l, Commercial General, to RS, Residential Suburban, for 20.65 acres of land located at the northwest corner of Washington Street and Waterman Avenue. This amendment is designated as General Plan Amendment No. 98-06 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. 98-06 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 23 General Plan maps as having been previously adopted and approved by the Mayor and 24 Common Council and which are on file in the office of the City Clerk. 25 IIII 26 IIII 27 28 IIII 4 1999-52 1 2 3 4 5 6 IIII 7 IIII 8 IIII 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5 Res 1999-52 1 2 3 4 5 6 7 8 RESOLUTION. . .ADOPTING GENERAL PLAN AMENDMENT NO. 98-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO RS, RESIDENTIAL SUBURBAN, FOR 20.65 ACRES LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND WATERMAN AVENUE. 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, held on the 15th day of Karch , 1999, by the following vote, to wit: 9 Council Members AYES NAYS ABSTAIN ABSENT 10 11 12 13 14 15 ESTRADA x LIEN x MCGINNIS x SCHNETZ x DEVLIN x 16 ANDERSON 17 18 19 x MILLER x Q~ b. c..UAje. City.. Clerk 20 21 22 1999. 23 Karch The foregoing resolution is hereby approved this\'\ \\\ day of )~U' {' Ilif! ~.". 24 Approved as to form 25 and legal content: 26 27 Norine Killer, Kayor Pro Tempore City of San Bernardino JAMES F. PENMAN City Atpfney 28 By: i...-b~ 7, f~ u 6 J Res 1999=52 GPA NO. 98-06 Son Bernardino City Tax Rate Area 7028 /4/- 32 ~~~~ ~. ,:"'NO.l2 3 I r. For. -.J . It 10 Par.ll . @ 4.llN;.. . ~ ~ ,.. o 20.20 AC/.I/" ~ ~ .. . dW ATTACHMENT "A" ,: 400' CG-l to RS Res 1999-52 ATTACHMENT "B" GENERAL PLAN AMENDMENT NO. 98-06 APN LEGAL DESCRIPTION OF PARCEL 141-321-13 Lot 8, Tract No. 11414, in the City of San Bernardino, County of San Bernardino, State of California, as per Map Recorded in Book 157 of Maps, Pages 41 through 44 inclusive, in the Office of the County Recorder of said county, and amended by a Certificate of Correction recorded August 4, 1981, as Instrument No. 81-172463, Official Records, and recorded May 12, 1983 as Instrument No. 83-103309, Official Records.