HomeMy WebLinkAbout1998-319
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98-319
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL
PLAN AMENDMENT NO. 97-08 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM
CG-l, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR 7.2 ACRES
AT THE NORTHEAST CORNER OF THE INTERSECTION OF WATERMAN A VENUE
AND 9TH STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. Recitals
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(a)
WHEREAS, the General Plan for the City of San Bernardino was adopted by the
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Mayor and Common Council by Resolution No. 89-159 on June 2, 1989.
(b)
WHEREAS, General Plan Amendment No. 97-08 to the General Plan ofthe City
of San Bernardino was considered by the Planning Commission on July 7, 1998, 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 April 30, 1998 and reviewed by the
Environmental Review Committee and the Planning Commission who both determined that
General Plan Amendment No. 97-08 would not have a significant effect on the environment and
therefore, recommended that a Negative Declaration be adopted.
(d)
WHEREAS, the proposed Negative Declaration received a 21 day public review
period from May 7, 1998 through May 26, 1998 and all comments relative thereto have bee
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 July
7, 1998 in order to receive public testimony and written and oral comments on General PIa
Amendment No. 97-08 (a proposal to change the General Plan Land Use Designation from
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CG-1, Commercial General to CH, Commercial Heavy for 7.2 acres of an 11.8 acre parcel
located at the northeast corner of Waterman A venue and 9th Street, identified as 999 N.
Waterman Avenue 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. 97-08 and the Planning
Commission and Environmental Review Committee recommendations and Planning Division
Staff Report on November 2, 1998.
(g) WHEREAS, the adoption of General Plan Amendment No. 97-08 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. 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 San
Bernardino will have no significant effect on the environment, and the 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
Objective 1. 30 which provides for limited commercial and industrial uses characterized
by an extensive use of outdoor or indoor space for their sales, service and or storage.
B. The proposed amendment would not be detrimental to the public interest, health, safety,
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c.
98-319
D.
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 commercially designated land will provide additional opportunities
for economic development that has 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 CG-1, Commercial General to CH, Commercial
Heavy for 7.2 acres of an 11.8 acre parcel located at the northeast corner of Waterman
Avenue and 9th Street, identified as 999 N. Waterman Avenue. This amendment is
designated as General Plan Amendment No. 97-08 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. 97-08 shall become effective immediately upon adoption
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A.
B.
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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 have 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.
11II
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98-319
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RESOLUTION. . .ADOPTING GENERAL PLAN AMENDMENT NO. 97-08 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL
PLAN LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO CH,
COMMERCIAL HEAVY, FOR 7.2 ACRES AT THE NORTHEAST CORNER OF THE
INTERSECTION OF WATERMAN AVENUE AND 9TH STREET,
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint regu.lar
Common Council of the City of San Bernardino at a meeting thereof, held on the
2nd day of November , 1998, by the following vote, to wit:
8 Council Members
ABSTAIN ABSENT
NAYS
AYES
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ESTRADA
x
x
LIEN
(VACANT)
- 3rd Ward
SCHNETZ
x
x
DEVLIN
x
ANDERSON
x
MILLER
) . ,lJ. CL"-A_ {'._..'_
_ :i' "_.<:" ^-. (. f':_
City'-clerk
I.'
The foregoing resolution is hereby approved this
day of Nnv..mh..r ,1998.
UD TH V ALLES, Mayor
City f San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City ttorney
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ATTACHMENT "A"
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CARSON L. STORER PLS 3913
EXPIRATION DATE. JUNE 30, 2000
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98-319
LEGAL DESCRIPTION
ATTACHMENT "B"
THAT PORTION POF LOTS 9 AND 10. BLOCK 42, RANCHO SAN BERNARDINO. IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF NINTH STREET AND WATERMAN AVENUE, THENCE
SOUTH 900 00' 00" EAST 851.30 FEET ALONG THE CENTERLINE OF SAID NINTH STREET,
44.00 FEET WIDE, HALF WIDTH; THENCE NORTH 00 13' 57" WEST 44.00 FEET ALONG
A LINE PARALLEL WITH SAID WATERMAN AVENUE TO A POINT ON THE NORTHERLY RIGHT
OF WAY OF SAID NINTH STREET AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH O. 13' 57" WEST 661.00 FEET ALONG SAID PARAELLEL LINE; THENCE
THENCE NORTH 9~ 00' 00" WEST 314.00 FEET ALONG A LINE PARALLEL WITH THE
SAID CENTERLINE OF NINTH STREET; THENCE NORTH ~ 13' 57" WEST 74.00 FEET
ALONG A LINE PARALLEL WITH THE SAID CENTER LINE OF WATERMAN AVENUE;
o
THENCE NORTH 90 00' 00" WEST 146.00 FEET ALONG A LINE PARALLEL WITH THE SAID
CENTERLINE OF SAID NINTH STREET; THENCE SOUTH ~ 13' 57" EAST 735.00 FEET
ALONG A LINE PARALLEL WITH THE SAID CENTERLINE OF WATERMEN AVENUE TO A POINT
ON THE SAID NORTHERLY RIGHT OF WAY OF SAID NINTH STREET; THENCE NORTH 900 00'
00" EAST 460.00 FEET ALONG THE SAID NORTHERLY RIGHT OF WAY TO THE TRUE POINT
OF BEGINNNING.
CARSON L. STORER PLS 3913
EXPIRATION DATE: JUNE 30, 1998