HomeMy WebLinkAbout1996-084
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RESOLUTION NO. 96-84
RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT; ADOPTING THE FACTS, FINDINGS, AND
STATEMENTS OF OVERRIDING CONSIDERATION AND THE MITIGATION
MONITORING REPORTING PROGRAM AND ADOPTING AND AUTHORIZING EXECUTION
OF DEVELOPMENT AGREEMENT NO. 91-01 TO GOVERN THE EXPANSION OF THE
INLAND CENTER MALL.
SECTION I. Recitals
(a) WHEREAS, the Mayor and Common Council adopted the
General Plan for the City of San Bernardino by Resolution
No. 89-159 on June 2, 1989; and
(b) WHEREAS, the city determined that the proposed
Development Agreement to construct an additional 709,605 square
feet of gross leasable areaj809,605 square feet of gross building
area could have a significant effect on the environment and thus
warranted the preparation of an Environmental Impact Report
pursuant to the California Enyironmental Quality Act (CEQA); and
(c) WHEREAS, the applicant's environmental consultant
16 prepared a revised Initial Study to determine the scope and content
17 of the EIR, the Environmental Review Committee independently
18 reviewed and analyzed the revised Initial Study on February 3,
19 1994, and concurred with its conclusions and determined that an EIR
20 was necessary for the project; and
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(d) WHEREAS, the City held a public scoping meeting on
22 March 23, 1994, to solicit public comment on the preparation of the
23 Draft EIR, and
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(e) WHEREAS, the intent of the city to prepare a Draft
25 Environmental Impact Report was made known through a Notice of
26 Preparation which was provided to the public, responsible agencies
27 and other interested persons soliciting their concerns and comments
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RES .96-84'
1 from March 14, 1994, through April 12, 1994, as required by CEQA;
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3 (f) WHEREAS, a Draft Environmental Impact Report (EIR)
4 was prepared to address the Inland Center Mall Expansion
5 Development Agreement (DA 91-01); and
6 (g) WHEREAS, the Draft EIR identifies the significant
7 adverse environmental impacts of the project, proposes mitigation
8 measures where feasible, but concludes that some significant
9 adverse impacts cannot be mitigated to a level of insignificance;
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(h) WHEREAS, the Draft EIR was made available to the
public, responsible agencies and other interested persons for their
review and comment for a period of 45 days from October 16, 1995,
to November 30, 1995, as required by CEQA; and
(i) WHEREAS, the review period was extended to December
18, 1995; and
(j) WHEREAS, verbal and written comments were received
on the Draft EIR; and
(k) WHEREAS, these comments were responded to both
orally and in writing as required by CEQA; and
(1) WHEREAS, the Development/Environmental Review
Committee reviewed the DEIR, the comments and responses and
determined and concurred with staff that the responses adequately
addressed the comments received;
(m) WHEREAS, staff determined that recirculating the
DEIR was not required pursuant to section 21092.1 of CEQA; and
(n) WHEREAS, the Planning Commission conducted a noticed
public hearing on March 19, 1996, in order to receive public
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RES 96-84 '
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1 testimony and written and oral comments on the Inland Center Mall
2 Expansion Development Agreement (DA 91-01) and Draft Final EIR
3 (Draft EIR, Comments and Response to Comments); and
4 (0) WHEREAS, the Planning and Building Services
5 Department Staff Report dated March 19, 1996, summarizes the
6 potential environmental effects of the Inland Center Mall Expansion
7 Development Agreement (DA 91-01) as addressed in the DEIR; and
8 (p) WHEREAS, a Mitigation Monitoring Reporting Program
9 was prepared and includes mitigation measures identified in the
10 Initial Study and EIR; and
11 (q) WHEREAS, the proposed
12 Reporting Program was reviewed by the
13 compliance with CEQA; and
14 (r) WHEREAS, the Planning Commission reviewed the
15 benefits of the project in view of the unavoidable significant
16 adverse environmental impacts from the project; and
17 (s) WHEREAS, the Mayor and Common Council conducted a
18 noticed public hearing on April 1, 1996, and fully reviewed and
19 considered Development Agreement 91-01; Draft EIR; Final EIR;
20 Mitigation Monitoring Reporting Program; Facts, Findings, and
21 Statements of Overriding Consideration; the Planning Division staff
22 report and the recommendation of the Planning Commission.
23 SECTION II. Final Environmental Imoact Reoort
24 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE
25 MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
26 A. The Final Environmental Impact Report (EIR) for Development
27 Agreement 91-01 has been completed in compliance with the
28 California Environmental Quality Act. The Final EIR and all
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Mitigation Monitoring
Planning commission in
RES 96-84 '
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7 B.
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14 D.
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the evidence and information contained therein is attached
hereto as Attachment A-I (Draft EIR) , Attachment A-2 (Draft
Final EIR) , Attachment B (Facts, Findings, and statements of
Overriding Consideration) , Attachment C (Mitigation Monitoring
Reporting Program), and Attachment D (Draft Development
Agreement) and incorporated herein by reference;
The Final EIR was presented to the Mayor and Common Council
who have reviewed and considered the information in the Final
EIR prior to adopting Development Agreement No. 91-01.
The Final EIR has identified all significant adverse
environmental effects of Development Agreement No. 91-01 and
there are no known potentially significant adverse
environmental effects not addressed in the Final EIR.
Although the Final EIR identifies certain significant adverse
environmental effects that would result if Development
Agreement No. 91-01 is adopted, all significant effects that
can feasibly be avoided or mitigated will be avoided or
mitigated by the implementation of the mitigation measures as
set forth in the Mitigation Monitoring Reporting Program for
the Final EIR. The Mitigation Monitoring Reporting Program is
hereby adopted and is attached hereto as Attachment C and
incorporated herein by reference;
Potential mitigation measures and other project alternatives
not incorporated into or adopted as part of Development
Agreement No. 91-01 were rejected as infeasible, based on
specific economic, social or other considerations, including
the statement of benefits, as set forth in the Facts,
Findings, and statements of Overriding Consideration. The
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Facts, Findings, and statements of Overriding Consideration
are hereby adopted and are attached hereto as Attachment Band
incorporated herein by reference;
F. The Mayor and Common Council have given great weight to the
significant unavoidable adverse environmental impacts in their
consideration of the project. The Mayor and Common Council
find that the significant unavoidable adverse impacts are
clearly outweighed by the economic, social, cultural and other
benefits of Development Agreement No. 91-01 as set forth in
the Facts, Findings, and statements of Overriding
Consideration.
G. The findings contained in the Facts, Findings, and statements
of Overriding Consideration with respect to the significant
impacts identified in the Final EIR are true and correct, and
are based upon substantial evidence in the record, including
documents comprising the Final EIR.
H. The Final Environmental Impact Report, Mitigation Monitoring
Reporting Program and the Facts, Findings, and statements of
Overriding Consideration reflect the independent review,
analysis and judgement of the city of San Bernardino.
SECTION III. Development Aqreement Findinqs
BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
A. The proposed Development Agreement is consistent with the
General Plan in that it fulfills Goal IB, Objective 1.15, and
Objective 4.13. Specifically Objective 1.15 relates to the
maintenance and enhancement of Inland Center Mall and adjacent
properties.
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1 B.
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The proposed Development Agreement would not be detrimental to
the public interest, health, safety, convenience, or welfare
of the City in that implementation of the Development
Agreement will be in accordance with all mitigation measures
identified in the EIR and contained within the Mitigation
Monitoring Reporting Program, and any subsequent
approvals/permits required to implement the project, including
applicable Conditions of Approval.
The subject property is physically suitable for the requested
land use designations and the anticipated land use
developments in that the property is located in an urbanized
area and has adequate infrastructure to support the proposed
development.
The Development Agreement will ensure development of desirable
character which will be compatible with existing and proposed
development in the surrounding neighborhood in that the nature
of the development which will occur will be governed by the
Development Agreement Regulations which provide specificity as
to the types of uses which will be permitted, as well as by
development standards regarding setbacks, heights, lot
coverage, etc., all of which shall serve to ensure
compatibility with adjacent land uses.
The proposed Development Agreement will contribute to a
balance of land uses so that local residents may have the
opportunity to work and shop in the community in which they
live.
SECTION IV. Certification of the Final Environmental Impact
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RES 96-84
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1 NOW THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
2 Mayor and Common Council that the Final Environmental Impact Report
3 is certified, the Facts, Findings, and Statements of Overriding
4 Consideration are adopted and the Mitigation Monitoring Reporting
5 Program is adopted.
6 SECTION V. Approvals
7 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
8 OF THE CITY OF SAN BERNARDINO THAT:
9 A. Development Agreement No. 91-01, the Inland Center Mall
10 Expansion, is hereby adopted; consisting of Attachment D
11 (Development Agreement) and incorporated herein by reference.
12 The Council hereby authorizes the Mayor to execute Development
13 Agreement No. 91-01 on behalf of the City. This Agreement
14 shall be null and void if the parties to the Agreement fail to
15 execute it within sixty (60) days from the date of approval by
16 the Council.
17 B. Development Agreement No. 91-01 shall take effect 30 days
18 after the adoption of this resolution by the Common Council
19 and approval by the Mayor.
20 SECTION VI. Notice Of Determination
21 The Planning Division is hereby directed to file a Notice of
22 Determination with the County of San Bernardino Clerk of the Board
23 of Supervisors certifying the City's compliance with the California
24 Environmental Quality Act in preparing and adopting the Final
25 Environmental Impact Report, Facts, Findings, and Statements of
26 overriding Consideration and Mitigation Monitoring Reporting
27 Program. A copy of the Notice of Determination will be forwarded
28 to the state Clearinghouse.
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RES 96-84 ,
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1 RESOLUTION. . CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT; ADOPTING THE FACTS, FINDINGS, AND STATEMENTS OF OVERRIDING
2 CONSIDERATION AND THE MITIGATION MONITORING REPORTING PROGRAM AND
ADOPTING AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT
3 NO. 91-01 TO GOVERN THE EXPANSION OF THE INLAND CENTER MALL.
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the city of San
6 Bernardino at a
1st day of
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8 wit:
9 Council Members
10 NEGRETE
11 CURLIN
12 ARIAS
regular
meeting thereof held on the
April
, 1996, by the following vote to
AYES
NAYS
ABSTAIN
ABSENT
x
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x
13 OBERHELMAN
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DEVLIN
x
ANDERSON
x
MILLER
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20 day of
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The foregoing resolution is
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hereby approved this jAd..
April, 1996.
~/- );i \
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./ PJt1. l/t-!#"'L
Tom Minor, Mayor
City of San Bernardino
Approved as to form
23 and legal content:
24 JAMES F. PENMAN
City ttorney
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