HomeMy WebLinkAbout1995-156
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RESOLUTION NO. 95-156
RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT; ADOPTING THE MITIGATION MONITORING
PROGRAM; AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-06 TO AMEND THE
TEXT OF THE CENTRAL CITY SOUTH PLAN FOR THE SAN BERNARDINO MULTI-
USE STADIUM (ET AL).
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, on DECEMBER 1, 1994, the Environmental
Review Committee determined that the proposed San Bernardino Multi-
Use Stadium Project (Stadium), which includes a proposed Central
City South Plan text amendment to increase structure height greater
than 30 feet, subject to approval of a conditional use permit, to
accommodate the proposed development and a Conditional Use Permit
to construct the stadium could have a significant effect on the
environment and thus warranted the preparation of an Environmental
Impact Report pursuant to the California Environmental Quality Act
(CEQA) (Public Resources Code section 21000 et seq.); and
(c) WHEREAS, the city held a public scoping meeting on
December 14, 1994 to solicit public comment on the preparation of
the Draft EIR, and
(d) WHEREAS, the intent of the City to prepare a Draft
made
to
the
public,
Environmental
known
Impact
Report was
responsible agencies and other interested persons for their
concerns and comments from December 2, 1994 to January 5, 1995 as
required by CEQA; and
(e) WHEREAS, a Draft Environmental Impact Report was
prepared to address the stadium Project which includes General Plan
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Amendment No. 94-06 (a text amendment to the Central City South
Plan to increase the maximum allowable height, subject to
Conditional Use Permit, in the CCS-1, Central City South,
Commercial, land use designation from 30 feet to greater than 30
feet to accommodate the proposed stadium, Development Code
Amendment 94-10 to implement the General Plan Amendment, and
Conditional Use Permit No. 94-12 (to operate and construct the
stadium in two phases) and Minor Exception No. 95-02 (to reduce by
5% the dimensions of parking stalls); and
(f) WHEREAS, the Draft EIR was made available to the
public, responsible agencies and other interested persons for their
review and comment from February 21, 1995 to April 7, 1995 as
required by CEQA; and
(g) WHEREAS, verbal and written comments were received
on the Draft EIR; and
(h) WHEREAS, these comments were responded to both
orally and in writing as required by CEQA; and
(i) WHEREAS, the Planning Commission conducted a noticed
public hearing on April 18, 1995 in order to receive public
testimony and written and oral comments on the Stadium which
includes General Plan Amendment No. 94-06, Development Code
Amendment 94-10, Conditional Use Permit No. 94-12 and Minor
Exception No. 95-02; and
(j) WHEREAS, the Planning and Building Services
Department Staff Report dated April 18, 1995, which summarizes the
potential effects of the Stadium including the text amendment to
the General Plan, the Development Code Amendment, and the
Conditional Use Permit and Minor Exception to construct and operate
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the Stadium, as identified in the Draft EIR and the FEIR was
reviewed by the Planning commission; and
(k) WHEREAS, the proposed Mitigation Monitoring and
Reporting Program was reviewed by the Planning Commission in
compliance with CEQA; and
(I) WHEREAS, the Planning Commission, after receiving
public testimony, recommended certification of the Environmental
Impact Report, adoption of the Findings and Statements of
Overriding Consideration, adoption of the Mitigation Monitoring and
Reporting Program, adoption of the General Plan Amendment, adoption
of the Development Code Amendment, and approval of the Conditional
Use Permit and Minor Exception,; and
(m) WHEREAS, the Mayor and Common Council conducted a
noticed public hearing on May 15, 1995 and fully reviewed and
considered the Draft EIR, Final EIR, Mitigation Monitoring Program,
Findings and Statements of Overriding Consideration, the Planning
Division staff reports and the recommendation of the Planning
commission.
SECTION II. Environmental Impact Report
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE
MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
A. The Environmental Impact Report (EIR) for General Plan
Amendment No. 94-06, Development Code Amendment 94-10,
Conditional Use Permit No. 94-12 and Minor Exception No. 95-02
has been completed in compliance with the California
Environmental Quality Act. The EIR and all the evidence and
information contained therein is attached hereto as Attachment
A-I (Draft EIR) , Attachment A-2 (Final EIR), Attachment B
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B.
C.
D.
(Mitigation Monitoring and Reporting Program), Attachment C
(Findings and statements of Overriding Consideration),
Attachment D (Text Changes to the General Plan) and Attachment
E (Site Vicinity and General Plan Land Use Designation Map)
and incorporated herein by reference;
The EIR was presented to the Mayor and Common Council who have
reviewed and considered the information in the EIR prior to
adopting General Plan Amendment No. 94-06, Development Code
Amendment 94-10, and approving Conditional Use Permit 94-12
and Minor Exception No. 95-02.
The EIR has identified all significant environmental effects
of General Plan Amendment No. 94-06, Development Code
Amendment No. 94-10, Conditional Use Permit 94-12, and Minor
Exception No. 95-02 and there are no known potentially
significant environmental effects not addressed in the EIR.
Although the EIR identifies certain significant environmental
effects that would result if General Plan Amendment No. 94-06,
Development Code Amendment 94-10, Conditional Use Permit No.
94-12 and Minor Exception 95-02 are 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 Program for
the EIR. The Mitigation Monitoring Program and all
information contained therein is attached hereto as Attachment
B and incorporated herein by reference;
Potential mitigation measures and other project alternatives
not incorporated into or adopted as part of General Plan
Amendment No. 94-06, Development Code Amendment 94-10,
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E.
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Conditional Use Permit No. 94-12 and Minor Exception 95-02
were rejected as infeasible, based on specific economic,
social or other considerations as set forth in the Findings
and statements of overriding Consideration. The Findings and
statements of Overriding Consideration and all the evidence
and information contained therein are attached hereto as
Attachment C and incorporated herein by reference;
The Mayor and Common Council have given great weight to the
significant unavoidable adverse environmental impacts. The
Mayor and Common Council find that the significant unavoidable
adverse impacts are clearly outweighed by the economic,
social, cultural and other benefits of General Plan Amendment
No. 94-06, Development Code Amendment 94-10, Conditional Use
Permit No. 94-12 and Minor Exception No. 95-02, as set forth
in the Findings and statements of Overriding Consideration.
The findings contained in the statements of overriding
Consideration with respect to the significant impacts
identified in the EIR are true and correct, and are based upon
substantial evidence in the record, including documents
comprising the EIR.
The Environmental Impact Report, Mitigation Monitoring and
Reporting Program and the Findings and statements of
Overriding Consideration reflect the independent review,
analysis and judgement of the City of San Bernardino pursuant
to section 21082.1(c)(3) of CEQA.
SECTION III. Findinqs
BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
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feet to greater than 30 feet to accommodate the proposed
development is internally consistent with the General Plan in
that the goal of the Central city South Plan is to provide for
retail and entertainment uses which would attract local and
regional patrons.
B. The proposed text amendment to increase the maximum allowable
height subject to a conditional use permit in the CCS-l,
Central city South-Commercial land use designation from 30
feet to greater than 30 feet to accommodate the proposed
development would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that
construction of the Stadium will be in accordance with all
mitigation measures identified in the EIR and contained within
the Mitigation Monitoring and Reporting Program, all
Conditions of Approval, all Standard Requirements, the
approved project plans and any subsequent approvalslpermits
required to implement the project.
C. The proposed text amendment to increase the maximum allowable
height in the CCS-l, Central City South-Commercial land use
designation from 30 feet to greater than 30 feet to
accommodate the proposed development would not affect the
balance of land uses within the city in that the amendment
does not propose any changes to the types of land uses
permitted in the CCS-l designation.
IIII
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1 SECTION IV. certification of the Environmental Impact Report
2 NOW THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
3 Mayor and Common Council that the Environmental Impact Report
4 reflect the independent judgement of the City and is hereby
5 certified, the Findings and Statements of Overriding Consideration
6 are adopted and the Mitigation Monitoring and Reporting Program is
7 adopted.
8 SECTION V. Amendments
9 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
10 OF THE CITY OF SAN BERNARDINO THAT:
The Land Use Element of the General Plan of the city of San
Bernardino is amended by changing the text of the Central City
South Plan and adding text to increase the maximum allowable
height in the CCS-1, Central City South-Commercial land use
designation from 30 feet to greater than 30 feet. A copy of
the text is attached hereto as Attachment D and incorporated
herein by reference. The 35 acre Stadium site is shown on the
site Vicinity and General Plan Land Use Designation Map which
is attached hereto as Attachment E and incorporated herein by
reference.
The text amendment described in section V., Subsection A. is
designated as General Plan Amendment No. 94-06 and shall take
effect upon the effective date of an accompanying ordinance
adopting Development Code Amendment 94-10 which implements
General Plan Amendment 94-06.
SECTION VI. Text Chanqe
27 This resolution and the amendment affected by it shall be
28 inserted in the appropriate location in the Central City South
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11 A.
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1 Plan, which is incorporated into the Land Use Element of the
2 General Plan, which has been previously adopted and approved by the
3 Mayor and Common Council and which is on file in the office of the
4 City Clerk.
5 SECTION VII. Notice Of Determination
6 The Planning Division is hereby directed to file a Notice of
7 Determination with the County of San Bernardino Clerk of the Board
8 of Supervisors certifying the City's compliance with the California
9 Environmental Quality Act in preparing and adopting the
10 Environmental Impact Report, Findings and Statements of Overriding
11 consideration and Mitigation Monitoring and Reporting Program. A
12 copy of the Notice of Determination will be forwarded to the State
13 Clearing House.
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1 RESOLUTION.. CERTIFYING THE ENVIRONMENTAL IMPACT REPORT;
ADOPTING THE MITIGATION MONITORING PROGRAM; AND ADOPTING GENERAL
2 PLAN AMENDMENT NO. 94-06 TO AMEND THE TEXT OF GENERAL CENTRAL CITY
SOUTH PLAN FOR THE SAN BERNARDINO MULTI-USE STADIUM PROJECT.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a
6 15th
day of
7 wit:
8 Council
Members
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NEGRETE
10
CURLIN
reaular
meeting therefore held on the
May
, 1995, by the following vote to
ABSENT
ABSTAIN
AYES
NAYS
x
x
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x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
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19 day of
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O~A.J. () (!el'd
~rk, C1ty C]erk
The foregoing resolution is hereby approved this /7-11.
May
, 1995.
~71~
Tom Minor, Mayor
city of San Bernardino
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Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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