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RESOLUTION NO.
97-21
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 96-05 TO THE GENERAL PLAN OF THE CITY OF SAN
3 BERNARDINO.
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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
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was adopted by the Mayor and Common Council by Resolution
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No. 89-159 on June 2, 1989.
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Plan of the City of San Bernardino was considered by the Planning
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(b)
WHEREAS, General Plan Amendment No. 96-05 to the General
commission on October 22, 1996, 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 September 5,
1996 and reviewed by the Environmental Review Committee and the
Planning commission who both determined that Tentative Tract
17 No. 15650 and General Plan Amendment No. 96-05 would not have a
18 significant effect on the environment and therefore, recommended
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that a Negative Declaration be adopted.
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(d) WHEREAS, the proposed Negative Declaration received a
21-day public review period from September 12, 1996 through October
22 2, 1996 and all comments relative thereto have been reviewed by the
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Planning Commission and the Mayor and Common Council in compliance
24 with the California Environmental Quality Act (CEQA) and local
25 regulations.
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e)
WHEREAS,
the Planning commission conducted a noticed
public hearing on October 22,
1996 in order to receive public
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1 testimony and written and oral comments on Tentative Tract
2 No. 15650 and General Plan Amendment No. 96-05 (a proposal to
3 subdivide 27.1 acres into 78 single-family lots with a remaining
4 5.24 acre parcel and to change the General Plan Land Use
5 Designation of the 5.24 acre parcel created by the subdivision from
6 RM, Residential Medium to CG-l, Commercial General) and fully
7 reviewed and considered the Planning Division staff report and the
8 recommendation of the Environmental Review Committee.
9 f) WHEREAS, the Mayor and Common Council held a noticed
10 pUblic hearing and fully reviewed and considered proposed General
11 Plan Amendment No. 96-05 and the Planning commission and
12 Environmental Review Committee recommendations and Planning
13 Division staff Report on January 27, 1997.
14 (g) WHEREAS, the adoption of General Plan Amendment No. 96-05
15 is deemed in the interest of the orderly development of the City
16 and is consistent with the goals, objectives and policies of the
17 existing General Plan.
18 SECTION 2. Neqative Declaration
19 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
20 and Common Council that the proposed tentative tract and amendment
21 to the General Plan of the City of San Bernardino will have no
22 significant effect on the environment, and the Negative Declaration
23 heretofore prepared by the Environmental Review Committee as to the
24 effect of this proposed amendment is hereby ratified, affirmed and
25 adopted.
26 SECTION 3. Findinqs
27 BE IT FURTHER RESOLVED by the Mayor and Common Council of the
28 city of San Bernardino that:
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1 A.
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8 B.
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14 c.
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19 D.
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97-21
The proposed amendment is internally consistent with the
General Plan provisions contained in Goal IG and Objective 1.7
pertaining to the pattern and distribution of land uses in
that it will provide for future commercial development in an
area of residential growth and is a logical extension of the
nearby CG-l district located across Tippecanoe Avenue on the
west.
The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City
in that the commercial uses that could be developed on the
amendment site will be subject to all Development Code
requirements and will provide future services for other land
uses in the vicinity.
The proposed amendment to change the land use designation on
the 5.24 acre site from RM, Residential Medium to CG-l,
Commercial General would not significantly affect the balance
of land uses within the City in that the proposal would
nominally increase an existing commercial district.
The subject site is physically large enough for uses permitted
in the CG-1, Commercial General land use designation and the
parcel has adequate access to Tippecanoe Avenue and Ninth
street and to utilities.
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 approximately 5.24 acres of
land from RM, Residential Medium to CG-l, Commercial General.
This amendment is designated as General Plan Amendment
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97-21
1 No. 96-05 and its location is outlined on the map entitled
2 Attachment A and further described in Attachment B, copies of
3 which are attached and incorporated herein by reference.
4 B. General Plan Amendment No. 95-05 shall become effective
5 immediately upon adoption of this resolution.
6 SECTION 5. Map Notation
7 This resolution and the amendment affected by it shall be
8 noted on such appropriate General Plan maps as have been previously
9 adopted and approved by the Mayor and Common Council and which are
10 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.
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97-21
1 RESOLUTION. .ADOPTING GENERAL PLAN AMENDMENT NO. 96-05 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
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I HEREBY CERTIFY that the foregoing
resolution was duly
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Bernardino at a
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adopted by the Mayor
and Common
Council
of the city of San
joint regular
meeting thereof, held on the
27th
January
, 1997, by the following vote, to
day of
wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
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19 of
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Q..J....1 ~
City Clerk
hereby approved this ~ e d
The foregoing resolution is
day
January
, 1997.
/A
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~om Minor, Mayor -
City of San Bernardino
Approved as to form
22 and legal content:
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JAMES F. PENMAN,
24 city ttorney
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97 21
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POINT OF
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S 89' 31' 57" w
16.00'
N 44' 36' 45" W
41. 80'
5 89' 31' 57" W
314.58'
_N 89' 59' 24" W
<t. NImH STREET
6 = 80' 10' 53"
R = 70. 00'
T = 58. 93'
L = 97. 96'
6 = 10'14' 11"
R = 88. 00'
T = 7. 88'
L = 15.72'
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97-21
ATTACHMENT B
Being a portion oflots 7 and 8, block 51, Rancho San Bernardino, as per plat recorded in book 7 of
maps, page 2, records of San Bernardino County, State of California described as follows:
Conunencing at the centerline intersection of Ninth Street and Tippecanoe Avenue, thence north 00
degrees 09 minutes 41 seconds east, along the centerline of Tippecanoe Avenue, a distance of615.28
feet, to its intersection with the southerly line of the Warm Creek Flood Control Channel;
Thence north 70 degrees 06 minutes 23 seconds east along the southerly line of said flood control
channel a distance of 46.84 feet to the TRUE POINT OF BEGINNING;
Thence continuing north 70 degrees 06 minutes 23 seconds east along the southerly line of said flood
control channel a distance of 421.56 feet to a point of cusp, said point also being the beginning of a
tangent curve, concave to the southeast, having a radius of70.00 feet;
Thence southwesterly, along said curve, through a central angle of 80 degrees 10 minutes 53 seconds
an arc distance of97.% feet;
Thence tangent to said curve, south 10 degrees 04 minutes 30 Seconds east a distance of 42.12 feet
to the beginning ofa tangent curve, concave to the west, having a radius of88.00 feet;
Thence southerly, along said curve, through a central angle of 10 Degrees 14 minutes 11 seconds an
arc distance of 15.72 feet;
Thence tangent to said curve, south ()() degrees 09 minutes 41 Seconds west a distance of 586.18 feet
to its intersection with the northerly right of way line of Ninth Street;
Thence south 89 degrees 31 minutes 57 seconds west, along said northerly right of way line, a
distance of314.58 feet;
Thence north 44 degrees 36 minutes 45 seconds west a distance of 41. 80 feet to its intersection with
the easterly right of way of Tippecanoe Avenue;
Thence along said easterly right of way line the following courses:
Thence north 00 degrees 09 minutes 41 seconds east a distance of 150.00 feet to an angle point in
said right of way;
Thence south 89 degrees 31 minutes 57 seconds west a distance of 16.00 feet to an angle point in said
right of way;
Thence north ()() degrees 09 minutes 41 seconds east a distance of 400. 86 feet to the TRUE POINT
OF BEGINNING.
IffL
Michael L. Anderson. P.L.S. 6916