HomeMy WebLinkAbout1996-356
RESOLUTION NO.
96-356
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 96-09 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:
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SECTION 1. Recitals
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7 was adopted by the Mayor and Common Council by Resolution No. 89-
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(a)
WHEREAS, the General Plan for the city of San Bernardino
159 on June 2, 1989.
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(b) WHEREAS, the amendment proposal was reviewed for
10 compliance with the California Environmental Quality Act (CEQA) and
11 based upon the preliminary review, the project was found to be
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exempt from CEQA pursuant to CEQA Guidelines S15061(b) (3) which
states that CEQA applies only to projects that have the potential
14 for causing a significant effect on the environment.
15 (c) WHEREAS, on August 22, 1996, the city's Environmental
16 Review Committee concurred with the findings of staff's preliminary
17 review for CEQA and recommended that the Planning Commission
18 recommend to the Mayor and Common Council that a Notice of
19 Exemption be filed with the San Bernardino County Clerk of the
20 Board if the project is approved.
21 (d) WHEREAS, the Planning commission conducted a noticed
22 public hearing on October 8, 1996 in order to receive public
23 testimony and written and oral comments on General Plan Amendment
24 No. 96-09, a proposal to change the General Plan Land Use
25 Designation from OIP, Office Industrial Park to CG-1, Commercial
26 General on 1.66 acres of land located on the east side of Waterman
27 Avenue at 333 South Waterman Avenue, and fully reviewed and
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1 considered the Planning Division staff report and the
2 recommendation of the Environmental Review Committee.
3 (e) WHEREAS, the Mayor and Common Council held a noticed
4 public hearing and fully reviewed and considered proposed General
5 Plan Amendment No. 96-09 and the Planning Commission and
6 Environmental Review Committee recommendations and Planning
7 Division Staff Report on October 8, 1996.
8 (f) WHEREAS, the adoption of General Plan Amendment No. 96-09
9 is deemed in the interest of the orderly development of the City
10 and is consistent with the goals, objectives and policies of the
11 existing General Plan.
12 SECTION 2. Environmental Determination
13 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
14 and Common Council that the proposed amendment to the General Plan
15 of the City of San Bernardino is exempt from the California
16 Environmental Quality Act pursuant to the California Environmental
17 Quality Act Guidelines ~15061(b) (3) which states that CEQA applies
18 only to projects that have the potential for causing a significant
19 effect on the environment and as such, the proposed amendment is
hereby ratified, affirmed and adopted.
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21 SECTION 3. Findinqs
22 BE IT FURTHER RESOLVED by the Mayor and Common Council of the
23 City of San Bernardino that:
24 A. The proposed amendment to change the General Plan land use
designation from OIP, Office Industrial Park to CG-1,
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Commercial General on 1. 66 acres is internally consistent with
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the General Plan provisions contained in Goal 1G and Objective
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1.7 pertaining to the pattern and distribution of land uses in
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4 B.
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13 D.
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18 A.
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26 B.
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that it will eliminate the legal non-conforming status of an
existing commercial property and add it to a nearby CG-1
district.
The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the city
in that the existing commercial uses on the amendment site are
compatible with the commercial development in the vicinity.
The proposed amendment to change the land use designation on
the 1.66 acre site from OIP, Office Industrial Park to CG-1,
Commercial General would not significantly affect the balance
of land uses wi thin 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 Waterman Avenue) and 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 1.66 acres of
land from OIP, Office Industrial Park to CG-1, Commercial
General. This amendment is designated as General Plan
Amendment No. 96-09 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 be
reference.
General Plan Amendment No. 96-09 shall become effective
immediately upon adoption of this resolution.
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1 SECTION 5. Map Notation
2 This resolution and the amendment affected by it shall be
3 noted on such appropriate General Plan maps as have been previously
4 adopted and approved by the Mayor and Common Council and which are
5 on file in the office of the city Clerk.
6 SECTION 6. Notice of Exemption
7 The Planning Division is hereby directed to file a Notice of
8 Exemption with the County Clerk of the County of San Bernardino
9 certifying the city's compliance with California Environmental
10 Quality Act in determining that the project is exempt from the Act.
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1 RESOLUTION. .ADOPTING GENERAL PLAN AMENDMENT NO. 96-09 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
2
I HEREBY CERTIFY that the foregoing resolution was duly
3 Council City
adopted by the Mayor and Common of the of San
4 joint
Bernardino at a regular meeting thereof, held on the 18th
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day of November
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, 1996, by the following vote, to wit:
Council Members
ABSTAIN
ABSENT
AYES
NAYS
x
NEGRETE
x
CURLIN
x
ARIAS
10 OBERHELMAN
11
12
13
14
15
16
x
x
DEVLIN
x
ANDERSON
x
MILLER
r) . " (-rf l-
~ J, ,-^-~0"L.{C~
cffy"\0er~
hereby approved this 02(l)1l
The foregoing resolution is
day
17 of November
, 1996.
~. .~\ /!
J6'YV\ y UA/l~\.
Tom Minor, Mayor
city of San Bernardino
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Approved as to form
and legal content:
JAMES
City
5
SITE
(lIP
to
CG-1
ATfACHMENT A
GENERAL PLAN AMENDMENT NO. 96-09
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(Assessor Book #136,
Page #33, Lot #01)
ATTACHMENT B
GENERAL PLAN AMENDMENT NO. 96-09 - LEGAL DFSCRIPTION OF PARCEL
APN
Lel!:al DescriDtion of Parcel
136-331-01
ALL THAT PORTION OF LOT 7, IN BLOCK 45, OF RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, LYING
NORTHWESTERLY OF PROPERTY GRANTED TO SAN
BERNARDINO FLOOD CONTROL DISTRICT, A BODY OF POLmC
AND CORPORATE, BY DEED RECORDED APRIL 22, 1959, IN
BOOK 5796, PAGE 481 OF OFFICIAL RECORDS AND IN BOOK 7,
PAGE 2 OF MAPS, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION DEED TO THE CITY
OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 28,
1967, IN BOOK 6931, PAGE 636, OFFICIAL RECORDS.