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HomeMy WebLinkAbout1998-024 1 98-24 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 97-06 TO THE GENERAL PLAN OF THE CITY OF SAN 3 BERNARDINO. 4 5 6 7 was adopted by the Mayor and Common Council by Resolution No. 89- 8 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 159 on June 2, 1989. 9 10 (b) WHEREAS, the amendment proposal was reviewed for compliance with the California Environmental Quality Act (CEQA) and 11 based upon the preliminary review, the project was found to be 12 exempt from CEQA pursuant to CEQA Guidelines g15061(b) (3) which 13 states that CEQA applies only to projects that have the potential 14 15 16 17 18 19 for causing a significant effect on the environment. (c) WHEREAS, on October 30, 1997, the City'S Environmental Review Committee concurred with the findings of staff's preliminary review for CEQA and recommended that the Planning commission recommend to the Mayor and Common Council that a Notice of Exemption be filed with the San Bernardino County Clerk of the 20 Board if the project is approved. 21 22 (d) WHEREAS, the Planning Commission conducted a noticed 23 public hearing on December 2, 1997 in order to receive public testimony and written and oral comments on General Plan Amendment 24 25 No. 97-06, a proposal to change the General Plan Land Use 26 Designation from CCS-1, Central City South, to CG-1, Commercial General, for four (4) parcels located on the northwest corner of 27 28 "E" Street and Mill Street and otherwise known as Assessor Parcel 1 --r-- 98-2 1 Numbers 0136-171-38 (480 South "E" Street), 0136-171-39 (494 South 2 "E" Street), 0136-171-40 (540 West Mill Street), and 0136-171-41 3 (vacant parcel) and fully reviewed and considered the Planning 4 Division staff report and the recommendation of the Environmental 5 Review Committee. 6 (e) WHEREAS, the Mayor and Common Council held a noticed 7 public hearing and fully reviewed and considered proposed General 8 Plan Amendment No. 97-06 and the Planning Commission and 9 Environmental Review Committee recommendations and Planning 10 Division Staff Report on January 26, 1998. 11 (f) WHEREAS, the adoption of General Plan Amendment No. 97-06 12 is deemed in the interest of the orderly development of the city 13 and is consistent with the goals, objectives and policies of the 14 existing General Plan. 15 SECTION 2. Environmental Determination 16 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 17 Mayor and Common Council that the proposed amendment to the General 18 Plan of the City of San Bernardino is exempt from the California 19 Environmental Quality Act pursuant to the California Environmental 20 Quality Act Guidelines g15061(b) (3) which states that CEQA applies 21 only to projects that have the potential for causing a significant 22 effect on the environment and as such, the proposed amendment is 23 hereby ratified, affirmed and adopted. 24 SECTION 3. Findinqs 25 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 26 City of San Bernardino that: 27 A. The proposed amendment is internally consistent with the 28 General Plan in that it meets the General Plan's goal to allow 2 98-2 1 2 3 4 B. 5 6 7 8 9 c. 10 11 12 13 D. 14 15 16 17 18 19 20 21 A. 22 23 24 25 26 27 28 for the continued use, enhancement, and new development of retail, personal service, entertainment, office, and related commercial uses pursuant to General Plan objective 1.19. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed land use designation does not change the land uses which are presently on the site or allow new land uses which are otherwise prohibited. The proposed amendment would not affect the balance of land uses within the City in that the proposed amendment area will remain as a commercial district. No change to residential, industrial, or other type of designation is proposed. The amendment site is physically suitable for the requested CG-1 land use designation in that the four parcels included in the proposed amendment meet the minimum requirements of the development code in regards to lot size, access, and circulation. The change from CCS-1 to CG-1 does not affect the physical characteristics of these parcels. 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 four (4) parcels of land (APN: 0136-171-38, 39, 40 & 41) from CCS-1, Central City South, to CG-1, Commercial General. This amendment is designated as General Plan Amendment No. 97-06 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 by reference. 3 1 B. 2 3 4 5 noted on such appropriate General Plan maps as have been previously 6 adopted and approved by the Mayor and Common Council and which are 7 on file in the office of the City Clerk. 8 9 10 Exemption with the County Clerk of the County of San Bernardino 11 certifying the City's compliance with California Environmental 12 Quality Act in determining that the project is exempt from the Act. 13 I I I I 14 IIII 15 I I I I 16 17 18 19 20 21 22 23 24 25 26 27 28 98- General shall effective Plan Amendment No. 97-06 become immediately upon adoption of this resolution. SECTION 5. Map Notation This resolution and the amendment affected by it shall be SECTION 6. Notice of Exemption The Planning Division is hereby directed to file a Notice of 4 98-2 . 1 RESOLUTION. . ADOPTING GENERAL PLAN AMENDMENT NO. 97-06 TO THE 2 GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 26th 6 day of January , 1998, by the following vote, to 7 wit: 8 ABSENT ABSTAIN Council Members NAYS AYES 9 NEGRETE 10 CURLIN 11 ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON x x x x x x 15 MILLER 16 17 18 19 x ~~j'-..Ll V~L/L city Clerk The foregoing resolution is hereby approved this ~J'6I day of January , 1998. 20 21 J~ JJI..(J1i~ Norine Miller, Mayor Pro Tem city of San Bernardino 22 Approved as to form and legal content: 23 JAMES 24 City 25 By: 26 27 28 5 CCS-2 ~ I'w. zo I,4?AC R.ETAll ~ . , ~) -L. - ........ 98-24 ATTACHMENT "A" General Plan Amendment Proposal GPA-97-06, CUP-97-19, & VAR-97-15 Amendment Area ty//41 Subject Restaurant Site f2ZZa CCS-1 to CG-1 IlL--'~m .~-~~~~~~J ~ . 1~!K 0 _ _ _.ii; . m~__~~N~{L._ . ~ ~~,.rL __~ _ ~ CJil) 'ii! l .. -, ~ . '3 (~c; ! '1j __ _ _ -L- _ _ _ ,"'" 1.07' 1. . , 11..1 : .:.~;( ...." - _h.. -LL . ~~.~i{~~ ~ __~.(. _ _ _:_ ~ - I : OAK ," ".I"~ l~ I I -_.- - - - - - - - - - - - - .. e !Ji. __~_g~illJ.::u_. CCS-1 -'~'~~-----. VAcANT II It 1311'1l1-22"til-"'-'~--f---@--- . ;p~ ____ _ RlJA1!-___ Jj" - .., .'" .. ASSUSGO,. l'AGf:-No.H UU .7Z ."'!"J I'OIt,I"AIt.i 9 I~ IS P~., .IU . ;41'0" " 8 .. ~ ~It : 0 RoE T"AI :CCGcll. -1 o RfiA/L , .... i I AC.M/L - -t--- CG-1 ' 7 I It@ .. I I~~j.. Rt;nIIl. 'to.Y N'I" ---&-~ 10 If Q u~,iA:lL- ~ " I u@ ~ _.~Alk' _n__/-____ .. " I. I I.. "'" /3 If' , I .. ..' '" '" '" ., .". !. 'nSJ' -MILL . N Not to Scale >~ ,; tJ~ I.;. " -' 't I ~ , i' i .."" , ~.~. ,.~" V. "~46' ,- 'II " . ... .;~Lr:- ~ I " . WII5e , --- ---- @c ' ( · .aID.,- " . IL o. ~~.~l 8 '.JL'~ ., I . --~ . ,. v~_ , I I ' "Jill" "I, I .:. ~ lR~~lll- I 1 I &'1#'1 .. 13(p-41[-cti...5AC. J 8 . ~~;:AL PCR - - ..:sJfllJ)_ - -.,-d.... - - - - (5~AC.) 7 f'a\ , 3' I R.S ------~---- - . 98-24. ATTACHMENT B GPA-97-06 PROPOSED AMENDED PARCELS: Assessor Parcel Numbers: 0136-171-38 0136-171-39 0136-171-40 0136-171-41