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HomeMy WebLinkAbout1997-022 1 2 RESOLUTION NO. 97-22 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 96-11 TO THE GENERAL PLAN OF THE CITY OF SAN 3 BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. Recitals 6 7 was adopted by the Mayor and Common Council by Resolution No. 89- 8 (a) WHEREAS, the General Plan for the City of San Bernardino 159 on June 2, 1989. 9 10 compliance with the California Environmental Quality Act (CEQA) and 11 12 13 14 15 16 17 (b) the proposal reviewed for amendment WHEREAS, was based upon the preliminary review, the project was found to be exempt from CEQA pursuant to CEQA Guidelines ~15061(b)(3) which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (cl WHEREAS, on October 10, 1996, the City's Environmental Review Committee concurred with the findings of staff's preliminary review for CEQA and recommended that the Planning commission 18 recommend 19 20 21 22 23 and Common Council that a Notice of to the Mayor Exemption be filed with the San Bernardino County Clerk of the Board if the project is approved. WHEREAS, the Planning commission conducted a noticed (d) public hearing on November 19, 1996 in order to receive public testimony and written and oral comments on General Plan Amendment 24 No. 96-11, a proposal to change the General Plan Land Use 25 Designation from CG-2, Commercial General to CH, Commercial Heavy 26 on 13.77 acres of land located on the south side of Baseline street 27 between the I-215 Freeway and "L" street, and fully reviewed and 28 1 97-22 1 considered the Planning Division staff report and 2 recommendation of the Environmental Review Committee; 3 unanimously voted to recommend approval of this amendment. 4 (e) WHEREAS, the Mayor and Common Council held a noticed 5 public hearing on January 27, 1997 and fully reviewed and 6 considered proposed General Plan Amendment No. 96-11 and the 7 Planning commission and Environmental Review Committee 8 recommendations and Planning Division staff Report of November 19, 9 1996. 10 (f) WHEREAS, the adoption of General Plan Amendment No. 96-11 11 is deemed in the interest of the orderly development of the City 12 and is consistent with the goals, objectives and policies of the 13 existing General Plan. 14 SECTION 2. Environmental Determination 15 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendment to the General 16 17 Plan of the City of San Bernardino is exempt from the California Environmental Quality Act pursuant to the California Environmental 18 Quality Act Guidelines ~15061(b) (3l which states that CEQA applies 19 only to projects that have the potential for causing a significant 20 effect on the environment and as such, the proposed amendment is 21 hereby ratified, affirmed and adopted. 22 SECTION 3. Findinqs 23 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 24 City of San Bernardino that: 25 A. The proposed amendment is internally consistent with the 26 General Plan in that the majority existing commercial uses are 27 consistent with the CH designation and the establishment of 28 2 the and 1 2 3 4 5 B. 6 7 8 9 10 11 12 c. 13 14 15 16 D. 17 18 19 20 21 22 23 24 25 26 27 28 A. 97-2.2 more intensive commercial uses permitted by the CH meet the intent of the General Plan Goal IG(cl and (il to provide for the adaptive reuse, revitalization and upgrade of deteriorated neighborhoods and districts in a cohesive district. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposal is to change a commercial land use designation to another commercial designation that allows a broader range of commercial uses which would be compatible with the existing commercial development in the vicinity and provide new economic and employment opportunities. The proposed amendment would not affect the balance of land uses within the City in that the proposal would not create a new commercial district but rezone an existing commercial district. The creamery plant site and the other sites within the amendment site are physically suitable for the requested CH land use designation in that there are provisions for adequate access and utilities and the existing and proposed commercial uses are compatible with adjoining land uses; and, the status quo of existing non-conforming lots within the amendment site would be maintained in that the minimum lot size for the proposed CH designation and the existing CG-2 is 10,000 square feet. 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 l3. 77 acres of 3 97-22. 1 land from CG-2, Commercial General to CH, Commercial Heavy. 2 This amendment is designated as General Plan Amendment 3 No. 96-11 and its location is outlined on the map entitled 4 Attachment A, and further described in Attachment B, copies of 5 which are attached and incorporated herein by reference. 6 B. General Plan Amendment No. 96-11 shall become effective 7 immediately upon adoption of this resolution. 8 SECTION 5. Map Notation 9 This resolution and the amendment affected by it shall be 10 noted on such appropriate General Plan maps as have been previously 11 adopted and approved by the Mayor and Common Council and which are 12 on file in the office of the city Clerk. SECTION 6. Notice of Exemption The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino certifying the City's compliance with California Environmental Quality Act in determining that the project is exempt from the Act. 13 14 15 16 17 18 I I I I 19 I I I I 20 IIII 21 22 23 24 25 26 27 28 4 97-22 I HEREBY CERTIFY that the foregoing resolution was duly 3 4 5 6 7 8 9 10 11 12 13 14 15 16 of the City of San adopted by the Mayor and Common Council Bernardino at a joint regular 27th meeting thereof, held on the day of January , 1997, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x - MILLER x - The foregoing resolution is 17 of January 18 19 20 Approved as to form 21 and legal content: , 1997. 22 JAMES City 23 24 25 26 27 28 F. PENMAN, ttorney 7,/~ , " (,-.I'C.~~ City Clerk hereby approved this ;? S Ii.. day /-Z'~ \ -/ em? k~t ~om Minor, Mayor City of San Bernardino 5 97-22 ATTACHMENT "A" GENERAL PLAN AMENDMENT NO. 96-09 21 , I. '~~_.~ . r->>~'"1=- . '" --~~~', : :l~ ~pREECE '.-ii: ~ i t-jt -: No I I~O "" ," ~ , . 170'6' b~.....-: ~6 5 ..:. ~" G2 : !:iJ ~...~ 20 . .,E....II _"__. (. l~~i 76 . ~ . ";,;"lll1",--;:- _--..-:...~.~.i-______ -~11L~:... . 10'; 43 is r----------. '~"t , 314rJ' E:- .. CG-2 TO CH 1 I ~ l - . I ' . ., v;\.utt ~/' I I , I i , I ~ 1 , , ~r \.-..O~~ i ST. ,[ " _1"'5~ ~l !b~T ~I I I z ~i I "~Il , d " IAI 4 llJj . " .' ~ ~I ! ~ -LINE. I ~ , ,~ , 1-----'- ..1..-..1-.. ...J..--- , f 1 ~-- j ~ ~ f.- , 0 . 8.. . :00 ~ E-o ."")L ~ ".-,__J1~.L.__ e...-.-. . *f c; 'j" ~ c' ,l 4'.~ I , I ~ ; , , ~ ;;...l~~ ~ i o I II _ - ::-._~ I I' .,.--L,:,\ ---i f4 Y-r r -+---\L5)-- -' r - -'r'1 . ~ ~. I l... '..~-- I ( .' r",.' ~ j" I 'I _~ . 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I ""'~ ., -ST. :1 ~ I i I ;Q ~ f '" - tC , 1"4 ~ ~ rg '. 97-22 ATTACHMENT "B" GENERAL PLAN AMENDMENT NO. 96-11 - LEGAL DESCRIPTION OF PARCELS APNS LEGAL DESCRIPTION OF PARCELS 139:081:01 139:081:02 139:081:03 139:081:04 139:081:06 139:081:09 139:081:10 139:081:11 139:081:27 139:081:35 139:081:38 139:081:41 139:081:42 139:081 :43 139:092:01 139:092:02 139:092:03 139:092:04 139:092:06 139:092:07 139:092:08 139:092:09 139:092: 10 139:092:12 139:092:13 Those portions of Lois I, 2, 3, 4 and 5, Bloc 20 oflhe Rancho San Bernardino, as per map recorded in Book 7 of Maps, page 2 and portions of Miller Heighls TracI No. 2073, as per map recorded in Book 30 of Maps, page 12, all records of Ihe County of San Bernardino, State of California, described as follows: "Beginning at the intersection of the centerline of Base Line Street (82.50 feet wide) and "L" Street (50 feet wide); thence East. along said centerline of Base Line Street to its intersection with the West line of the Atchison Topeka and Santa Fe Railroad right-of-way, to its intersection with the centerline of 11th Street; thence West, along said centerline to its intersection with the centerline of Harris Street; thence North, along said centerline, to its intersection with Orange Street; thence West, along said centerline, to its intersection with Perris Street; thence South, along said centerline, to its intersection with the centerline of 11th Street; thence West, along said centerline, to its intersection with a line that is parallel with and lying 92 feet West of the East line of said Lot 5; thence North, along said parallel line, to a point on a line that is parallel with and 283 feet south of the South line of said Base Line Street; thence West, along said parallel line and its Westerly prolongation, to its intersection with the centerline of said "L" Street; thence North. along said centerline to the Point of Beginning.