HomeMy WebLinkAbout1996-104
RESOLUTION NO.
96-104
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 95-06 TO THE GENERAL PLAN OF THE CITY OF SAN
2 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 No. 89-
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159 on June 2, 1989.
(b)
the
amendment
proposal
and
associated
WHEREAS,
9 development project was reviewed for compliance with the California
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Environmental Quality Act (CEQA) and based upon the preliminary
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review, the project was found to be exempt from CEQA pursuant to
12 CEQA Guidelines g15061(b) (3) which states that CEQA applies only to
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projects that have the potential for causing a significant effect
on the environment.
(c)
WHEREAS, on January 11, 1996, the City's Environmental
Review Committee concurred with the findings of staff's preliminary
review for CEQA and recommended that the Planning
commission
recommend
the Mayor
and Common Council
a Notice of
that
to
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Exemption be filed with the San Bernardino County Clerk of the
Board if the project is approved.
(d) WHEREAS, the Planning commission conducted a noticed
public hearing on February 20, 1996 in order to receive public
testimony and written and oral comments on General Plan Amendment
No. 95-06, a proposal to change the General Plan Land Use
Designation from RU-1, Residential Urban, to CG-1, Commercial
26 General, on 0.53 acres located on the northwest corner of the
27 Rialto Avenue and Pepper Avenue, and fully reviewed and considered
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the Planning Division staff report and the recommendation of the
Environmental Review Committee.
(e) WHEREAS, the Mayor and Common Council held a noticed
public hearing and fully reviewed and considered proposed General
Plan Amendment No. 95-06 and the Planning Commission and
Environmental Review Committee recommendations and Planning
Division Staff Report on April 15, 1996.
(f) WHEREAS, the adoption of General Plan Amendment No. 95-06
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. Environmental Determination
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED ~y the Mayor
and Common Council that the proposed amendment to the General Plan
of the City of San Bernardino is exempt from the California
Environmental Quality Act pursuant to the California Environmental
Quality Act Guidelines ~15061(b) (3) which states that CEQA applies
only to projects that have the potential for causing a significant
effect on the environment and as such, the proposed amendment is
hereby ratified, affirmed and adopted.
SECTION 3. Findinqs
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 the General Plan's goal to
"achieve a pattern and distribution of land uses which are
cohesive and uniform in nodes and districts and prevent 'leap
frog' development" (Chapter 1, Goal 1G).
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B. The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City
in that the proposal is in accordance with the existing land
uses in the immediate area, and any future development on the
site would have to meet all city development standards
pertaining to construction, parking, and circulation.
C. 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 would expand the service area of
an existing commercial intersection.
D. The 0.53 acre amendment site is physically suitable for the
requested CG-1 land use designation in that the intersection
is presently designated and developed as a commercial district
and the site has provisions for adequate access and utilities.
SECTION 4. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. The Land Use Plan of the General Plan of the City of San
Bernardino is amended by changing approximately 0.53 acres
from RU-l, Residential Urban, to CG-1, Commercial General.
This amendment is designated as General Plan Amendment No. 95-
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.
B. General Plan Amendment No. 95-06 shall become effective
immediately upon adoption 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
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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 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.
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RESOLUTION... ADOPTING GENERAL PLAN AMENDMENT NO. 95-06 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
regular
15th
meeting therefore, held on the
Bernardino at a
Q'~R,C_~
city Clerk
The foregoing resolution is hereby approved this 1011
day
18 of
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April
, 1996.
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/ f"'?n-:;;;~(~
Tom Minor, ayor -
city of San Bernardino
Approved as to
form and legal content:
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JAMES F. PENMAN,
23 ~ity :ttorney
24 By._~~a )
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