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HomeMy WebLinkAbout1995-223 - .. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO, 95-223 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A NEGATIVE DECLARATION; ADOPTING FINDINGS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-04 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP. 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 February 16, 1995 the Environmental Review commi ttee determined that General Plan Amendment No. 94-04, a proposal to amend the General Plan Land Use Map could not have a significant effect on the environment and a Negative Declaration would be prepared pursuant to the California Environmental Quality Act (CEQA); and (c) WHEREAS, the intent of the city to prepare a Negative Declaration was made known to the public, responsible agencies and other interested persons for their concerns and comments from February 23, 1995 to March 15, 1995, as required by CEQA; and (d) WHEREAS, the Planning commission conducted a noticed public hearing on May 16, 1995 in order to receive public testimony and written and oral comments on General Plan Amendment No. 94-04; and (e) WHEREAS, the Planning Commission, after receiving public testimony, recommended adoption of a Negative Declaration, adoption of the Findings and approval of General Plan Amendment No. 25 94-04; and 26 (f) WHEREAS, the Mayor and Common Council conducted a noticed 27 public hearing on July 10, 1995 and fully reviewed and considered 28 1 /?.- / ._,' . , 1 the Negative Declaration, Findings and the Planning Division staff 2 report and the recommendations of the Planning commission. 3 SECTION II. Neoative Declaration 4 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 5 and Common Council that the proposed amendment to the General Plan 6 of the City of San Bernardino will have no significant effect on 7 the environment, and the Negative Declaration heretofore prepared 8 by the Environmental Review Committee as to the effect of this 9 proposed amendment is hereby ratified, affirmed and adopted. SECTION III. Findinos BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: Amendments to the Land Use Plan map and text: 1. The proposed IL, Industrial Light land use designation is internally consistent with the General Plan in that such a designation is not in conflict with the goals, objectives and policies of the General Plan, and will not encumber the continued and orderly expansion of the City. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the city in that the vicinity of the amendment area is fully urbanized and able to facilitate industrial uses. The proposed amendment will maintain the appropriate balance of uses within the City due to the proximity of the amendment area to other similarly designated properties, to its north and south, and its frontage on a major arterial. 10 11 12 13 A. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII 2. 3. 2 /i--t::: / 1 4. The amendment area is physically suitable for the 2 requested land use designation and anticipated land use 3 development in that the site is located along a major 4 arterial and is owned in large blocks of land that would 5 facilitate the development of industrial style 6 buildings. 7 SECTION IV. Amendments 8 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 9 OF THE CITY OF SAN BERNARDINO THAT: 10 A. The Land Use Plan of the General Plan of the city of San 11 Bernardino is amended by changing approximately 12 acres from 12 CG-l, Commercial General to IL, Industrial Light. The 13 location of this amendment is depicted on the map entitled 14 Attachment A, and is more specifically described in the legal 15 description entitled, Attachment B, copies of which are attached hereto and incorporated herein by reference. 16 B. The map amendments described in section V., Subsection A. are 17 designated as General Plan Amendment No. 94-04 and shall take 18 effect upon approval. 19 SECTION V. Map Notations 20 This resolution and the amendments affected by it shall be 21 noted on such appropriate General Plan maps which have been 22 previously adopted and approved by the Mayor and Common Council and 23 which are on file in the office of the City Clerk. 24 SECTION VI. Notice Of Determination 25 The Planning Division is hereby directed to file a Notice of 26 Determination with the County Clerk of the County of 27 San Bernardino certifying the City's compliance with the California 28 3 }r 1 2 3 4 5 6 7 8 RESOLUTION. .ADOPTING THE NEGATIVE DECLARATION; ADOPTING FINDINGS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-04 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP, adopting the Negative preparing in and Environmental Act Declaration. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting thereof, held on the 10th day of July , 1995, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x x x x - x x - -- x - 9 10 NEGRETE CURLIN 11 12 HERNANDEZ 13 OBERHELMAN 14 15 DEVLIN POPE-LUDLAM 16 MILLER 17 18 19 R~~r~lerk The foregoing ordinance is hereby approved this /37"J.. July , 1995. day of 20 21 22 23 24 Approved as to form and legal content: 25 JAMES F, PENMAN, 26 City ttorney .~ - J 0;rY\ Tom Minor, Mayor City of San Bernardino 27 28 4 ,95-22;, CITY OF SAN BERNARDINO INITIAL STUDY Prepared For: City of San Bernardino 300 N. "D" street San Bernardino, CA 92418 (909)384-5057 Prepared By: John R. Burke, Assistant Planner January 26, 1995 proiect Number: General Plan Amendment No. 94-04 proiect Description: from CG-1, Commercial approximately 12 acre Blvd. between Medical To Change the Land Use Designation General to IL, Industrial light, on site on the southwest side of cajon Center Dr. and California Ave. an Applicant: City of San Bernardino General Plan Land Use Desiqnation: CG-1, Commercial General Contact Person: John R. Burke, (909)384-5057 ATTACHMENT C ,!jr.;::: ;> ~ c, INTRODUCTION This Initial study is provided by the city of San Bernardino for General Plan Amendment No. 94-04. It contains an evaluation of potential adverse impacts that can occur if the proposed land use designation is changed from CG-l, commercial General, to IL, Industrial Light. The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. The following components constitute the Initial study for General Plan Amendment No, 94-04: 1. project Description 2. site and Area Characteristics 3. Environmental setting 4. Environmental Impact Checklist 5. Discussion of Environmental Evaluation and Mitigation Measures 6. Environmental Determination Combined, these components constitute the complete Initial study, 1. PROJECT DESCRIPTION General Plan Amendment No. 94-04 is a city-initiated General Plan Amendment to change the land use designation for a 12.0 acre mostly vacant site, from CG-l, commercial General, to IL, Industrial Light. 2, SITE AND AREA CHARACTERISTICS The property is an irregular-shaped site comprising a total of approximately 12.0 acres and having a frontage of about 1,310 feet on the northeast side of Cajon Blouvard between Medical Center Drive and California Avenue (See Exhibit A), The site is bordered by Cajon Boulevard to the northeast and by residential properties to the southwest. Northeast of cajon Blvd. is designated PCR, Public Commercial Recreational and contains the AT&SF Railroad and the Shandin Hills Golf Course. The ares to the southwest is designated RS, Residential Suburban- 2 - -) 3, ENVIRONMENTAL SETTING The project site is adjacent to developed residential properties and across the street from a railroad and a commercial golf course. The site is flat and mostly undeveloped and appears to have been previouslY disturbed. There are 3 developed areas on the site, two having industrial type buildings and one having an electrical service business on the site. There are no hazards of significance associated with the project site. J J~ ) 4, ENVIRONMENTAL IMPACT CHECKLIST A, ENVIRONMENTAL IMPACTS Explain "Yes" and "Maybe" answers on a separate attached sheet. "No" answers are explained on this checklist. See Attachment "A" preliminary Environmental Description Form, where necessary, 1, Earth Resources: will the proposal result in: Yes No Maybe a, Earth movement (cut and/or fill) on slopes of 15% or more based on information contained in the Preliminary Environmental Description Form No. D.(3)? _x_ b, Development and/or grading on a slope greater than 15% natural grade based on review of General Plan HMOD map, which designates areas of 15% or greater slope in the city? _x_ c, Development within the Earthquake Fault Zones as defined in section 12.o-Geologic & Seismic, Figure 47, of the City'S General Plan? d. Modification of any unique geologic or physical feature based on field review? _x_ _x_ e. Development within areas defined for high potential for water or wind erosion as identified in section 12.0-Geo1ogic & seismic, Figure 53, of the city's General Plan? _x_ f, Modification of a channel, creek or river based on review of USGS Topographic Map (Name) San Bernardino North ? x 4 ()~ v." _ , c g. Development within an area subject to landslides, mudslides, subsidence or other similar hazards as identified in Section 12,O-Geologic & Seismic, Figures 48, 51, 52 and 53 of the city's General Plan? h. Development within an area subject to liquefaction as shown in section 12.0-Geologic & Seismic, Figure 48, of the city's General Plan? i. Other? 2, Air Resources: Will the proposal result in: Yes No May!:l'e x _x_ a. substantial air emissions or an effect upon ambient air quality as defined by South Coast Air Quality Management District, based on meeting the threshold for significance in the District's, "CEQA Air Quality Handbook"? b. The creation of objectionable odors based on information contained in Preliminary Description Form, No. G. (3)? c. Development within a high wind hazard area as identified in section 15.0-Wind & Fire, Figure 59, of the city's General Plan? 3, Water Resources: will the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by 5 _x_ _x_ _x_ D~ )l? _,~ r Public Works standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b. significant alteration in the course or flow of flood waters based on consultation with public Works staff? c. Discharge into surface waters or any alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d. Change in the quantity or quality of ground water? e. Exposure of people or property to flood hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number 060281 0010 B, and section 16.0-Flooding, Figure 62, of the city's General Plan? f. other? 4, Biological Resources: Could the proposal result in: a. Development within the Biological Resources Management Overlay, as identified in section 10.0- Natural Resources, Figure 41, of the City's General Plan? 6 Yes No Maybe _x__ x x x x _x__ 1. Change in the number of any unique, rare or endangered species of plants or their habitat including stands of trees based on information contained in the Preliminary Environmental Description Form No. B.(l) and verified by on-site survey/evaluation? Yes No Maybe _x_ 2. Change in the number of any unique, rare or endangered species of animals or their habitat based on information contained in the preliminary Environmental Description Form No. E.(8) and verified by site survey/evaluation? x 3. Impacts to the wildlife disbursal or migration corridors? _x_ b. Removal of viable, mature trees based on site survey/evaluation and review of the proposed site plan? (6" or greater trunk diameter at 4' above the ground) x c. Other? S. Noise: Could the proposal result in: a, Development of housing, health care facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0-Noise, Figures 57 and 58 of the city's General Plan? _x_ 7 b, Development of new or expansion Yes of existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G.(l) and evaluation of surrounding land uses No. C., and verified by site survey/evaluation? A~ -~ . c. Other? 6, Land Use: will the proposal result in: a. A change in the land use as designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? b. Development within an Airport District as identified in the Air Installation compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? c. Development within Foothill Fire Zones A & B, or C as identified on the Development Code overlay Districts Map? d. Other? 7, Man-Made Hazards: Based on information contained in Preliminary Environmental Description Form, No. G.(l) and G.(2) will the project: a, Use, store, transport or dispose of hazardous or toxic materials (including but not limited to oil, pesticides, chemicals or radiation)? b, Involve the release of hazardous substances? 8 No Maybe x x x x x x 07"" -'.-' c~ Yes No Maybe c, Expose people to the potential health/safety hazards? X d, other? 8, Housing: will the proposal: a. Remove existing housing as verified by a site survey/evaluation? _X_ b. Create a significant demand for additional housing based on the proposed use and evaluation of project size? _X_ c, other? 9. Transportation/Circulation: Could the proposal, in comparison with the circulation Plan as identified in Section 6.0-Circulation of the city's General Plan and based on the conclusions of the City Traffic Engineer and review of the Traffic Study if one was prepared, result in: a. A significant increase in traffic volumes on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? _X_ b, Use of existing, or demand for new, parking facilities/ structures? _X_ c. Impact upon existing public transportation systems? _X_ d, Alteration of present patterns of circulation? e. Impact to rail or air traffic? _X_ _X_ f. Increased safety hazards to vehicles, bicyclists or pedestrians? _X_ 9 oc::: ~ 0 g, A disjointed pattern of roadway improvements? h, other? 10. PUblic Services: Based on the responses of the responsible agencies or departments, will the proposal impact the following beyond the capability to provide adequate levels of service? a, Fire protection? b. police protection? c, Schools (i.e., attendance, boundaries, overload, etc.)? d. Parks or other recreational facilities? e. Medical aid? f. solid Waste? g. Other? o 11, utilities: will the proposal: a. Based on the responses of the responsible Agencies, Departments, or utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? 1. Natural gas? 2, Electricity? 3, Water? 4. Sewer? 5. Other? 10 Yes No Maybe x _x_ _X_ _x_ _x_ _X_ _X_ _x_ _X_ _X_ _X_ (, c :'" "::> ~--".. " b, Result in a disjointed pattern of utility extensions based on review of existing patterns and proposed extensions. 12, Aesthetics: a. could the proposal result in the obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/ evaluation? b. will the visual impact of the project create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? c, other? 13, cultural Resources: Could the proposal result in: a. The alteration or destruction of a prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in section 3.0- Historical, Figure 8, of the city's General Plan? b. Alteration or destruction of a historical site, structure or object as listed in the city's Historic Resources Reconnaissance survey? c. other? 11 Yes No Maybe x x _x_ _x_ _x_ r- ~__) 7 14, Mandatory Findings of significance (Section 15065) The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. Based on this Initial study: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of california history or prehistory? b, Does the project have the to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 12 Yes No Maybe _x__ _x__ x _x__ ~.:. ~-~ - 5, DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES 1, Earth Resources: The site is not located in an Earthquake Fault Zone nor an area of having the potential for liquifaction and contains no unique geologic or physical features. The site is not subject to wind or water erosion, Future development shall address any grading or earth movement. 2. Air Resources: a-g. a-c, The majority of the site is vacant. Future use of the site should not lead to an increase in emissions as future use will be of an intensity consistent with the land use designation of IL as contained in the General Plan. However, these concerns and those associated with the potential of creating objectionable odors will be addressed when a project is proposed. The site is not within the high wind/high fire hazard areas. 3. Water Resources: a-e, Future development on the site would create impermiable surfaces. There would be little difference between projects designed for uses permitted in the IL or the CG- 1 land use districts, Absorption rates, drainage patterns, and the amount of runoff will be a factor of the site design and such review shall occur at the time of project proposal. The site is not within a flood plain hazard area as determined by the Federal Emergency Management Agency. 4, Biological Resources: a. The project site is not within the boundaries of the Biological Resources Management Overlay, as identified in section 10.0 - Natural Resources, Figure 41, of the city's General Plan. This amendment, or any future project, will have no affect on unique, rare, or endangered species of plants or animals. b,c, d, There are no tree stands on the vacant parcels on the project site. 5, Noise: a,b, The potential future uses are not generators of noise, nor will any of the surrounding uses have an adverse noise impact on any potential use. Noise associated with future use will be evaluated and mitigated if necessary at the time of future project review. 13 n~ .- /' .' 6, - Land Use: a, The proposed project will change the land use designation from CG-l, commercial General to IL, Industrial Light, The uses permitted in the IL district (e,g, automotive repair, educational services, entertainment, contracter's yards, R&D, warehousing, Wholesaling) are minimally more intense than those uses permitted in the CG-l (such as retail, personal service, entertainment), The potential impacts are insignificent. 7, Man-Made Hazards: a-c, Future uses will be reviewed for storage, transportation or disposal of hazardous, toxic and waste materials, In addition, the potential for release of hazardous substances or the exposure of people to health and safety hazards will be a matter of review and action at the time of project proposal. 8. Housing: a. The project is a change in land use designation only, The potential for use will not remove existing housing nor create a demand for new housing due the size of the amendment site. 9. Transportation/Circulation: a-h. The general plan amendment will not affect existing traffic or traffic patterns. Future use may affect traffic circulation due to the potential for site design to accommodate future use, however, these issues, in addition to safety issues, will be addressed upon any project submittal. 10. Public services: a-f. The project will not have a significant impact on any public service, 11, Utilities: a. The project will not have a significant impact on any public utility, or create the need for new facilities, No impacts are anticipated. 14 'j' -:-,...., -, ..' _.~ 12, Aesthetics: a-b, The project is to change the land use only, projects shall be evaluated to preclude obstruction and negative visual impacts. 13. Cultural Resources: Future scenic a-b. The project site is not located in the Urban Archaeological District as identified in the General Plan, section 3.0, Historical, Figure 8, nor in an area of concern for archaeological resources. 15 95-223 6. ENVIRONMENTAL DETERMINATION On the basis of this initial study, _x_ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. The proposed project could have a significant effect on the environment, although there will not be significant effect in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared, The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA M\ ~\-.\.J,..el:-- y.~~ /-..-..::r-;;:rr. t:::n~,l===f:-t'-"'~ ~lUJ Signature ~ Z.11o'Q5 Date 16