Loading...
HomeMy WebLinkAbout1995-301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. 95-301 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 95-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 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 was adopted by the Mayor and Common Council by Resolution No. 89- 159 on June 2, 1989. (b) WHEREAS, General Plan Amendment No. 95-02 to the General Plan of the city of San Bernardino was considered by the Planning commission on July 25, 1995, after a noticed pUblic hearing, and the Planning Commission's recommendation of approval has been considered by the Mayor and Common Council. (c) WHEREAS, the and associated amendment proposal development project was reviewed for compliance with the California Environmental Quality Act (CEQA) and based upon the preliminary review, the project was found to be exempt from CEQA pursuant to CEQA Guidelines 915061(b) (3) which states that the Act applies only to projects that have the potential for causing a significant effect on the environment. 21 (d) WHEREAS, on June 22, 1995, the city's Environmental 22 Review Committee concurred with the findings of staff's preliminary 23 review for CEQA and recommended that the Planning commission 24 recommend to the Mayor and Common Council that a Notice of 25 Exemption be filed with the San Bernardino County Clerk of the 26 Board if the project is approved. 27 28 e) WHEREAS, the Planning Commission conducted a noticed 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 public hearing on July 25, 1995 in order to receive public testimony and written and oral comments on General Plan Amendment No. 95-02 (a proposal to change the General Plan Land Use Designation from CN, Commercial Neighborhood to CG-1, Commercial General on 3.8 acres located on the northwest and southwest corners of the Rancho Avenue/Mill street intersection) and fully reviewed and considered the Planning Division staff report and the recommendation of the Environmental Review Committee. f) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 95-02 and the Planning Commission and Environmental Review Committee recommendations and Planning Division staff Report on August 21, 1995. (g) WHEREAS, the adoption of General Plan Amendment No. 95-02 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 by 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 Act 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. Findinas BE IT FURTHER RESOLVED by the Mayor and Common Council of the 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of San Bernardino that: A. The proposed amendment is internally consistent with the General Plan in that the existing commercial uses are consistent with the CG-l designation and the legal non- conforming status of the existing apartment complex would not be changed. 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 to change a commercial land use designation to another commercial designation that allows a broader range of commercial uses which would be compatible with the existing commercial development in the vicinity. 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 rezone an existing commercial district. D. The 3.8 acre amendment site is physically suitable for the requested CG-l land use designation in that the site has provisions for adequate access and utilities and the existing and proposed commercial uses are compatible with adjoining land uses. 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 3.8 acres from CN, Commercial Neighborhood to CG-l, Commercial General. This amendment is designated as General Plan Amendment No. 95-02 and its location is outlined on the map entitled Attachment A 3 " /) 1 and further described in Attachment B, copies of which are 2 attached and incorporated herein be reference. 3 B. General Plan Amendment No. 95-02 shall become effective 4 immediately upon adoption of this resolution. 5 SECTION 5. Map Notation 6 This resolution and the amendment affected by it shall be 7 noted on such appropriate General Plan maps as have been previously 8 adopted and approved by the Mayor and Common Council and which are 9 on file in the office of the City Clerk. 10 SECTION 6. Notice of Exemption 11 The Planning Division is hereby directed to file a Notice of 12 Exemption with the County Clerk of the County of San Bernardino 13 certifying the City's compliance with California Environmental 14 Quality Act in determining that the project is exempt from the Act. 15 IIII 16 IIII 17 IIII 18 19 20 21 22 23 24 25 26 27 28 4 ,,- 1 RESOLUTION. .ADOPTING GENERAL PLAN AMENDMENT NO. 95-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 21st regular meeting therefore, held on the Bernardino at a day of August , 1995, by the following vote, to wit: ~~ 'CiCtnL I. .city Clerkrl:,. !J.Lo-: ~CUtil.J,J>v f'niIWl{I..J ~OB{rt, full. is hereby approved ~h:i:sO p(3 - The foregoing resolution day August of , 1995. ); I :lr'\ tl(~i~__ T m M1nor, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, city Attorney .t~ 5 :' /, ' > ATTACHMENT A CITY OF SAN BERNARDINO PLANNING AND BUilDING SERVICES DEPARTMENT CASE LOCA TION AGENDA ITEM # "'l GPA NO. 95-02 HEARING DATE ... '~~EEr n 70 71 STREET 77 78 715 74 I I 8 ~ I <( LC I I j l I I I -I I - E . '- .~ -J ~ I ~ G CI-I;y Limib u~ CN to CG-l G (3.79 Acres) I a1'TOf'SM~ --- PlAN-8.11 PAGE 1 OF 1 (4-90) .~, ATTACHMENT "B" Page 1 GENERAL PLAN AMENDMENT NO. 95-02 - LEGAL DESCRIPTION OF PARCELS APN 142-541-36 & 142-541-37 142-363-04 Leqal Description of Parcel Lot 37, Tract No. 7453, in the County of San Bernardino, State of California, as per Plat Recorded in Book 94 of Maps, Pages 75 and 76, Records of Said County. That portion of Government Lot 8 of Section 18, Township 1 South, Range 4 West, San Bernardino Meridian, in the city of San Bernardino, State of California, according to the official Plat thereof, described as follows: Commencing at a point in the centerline of Rancho Avenue 66.00 feet wide, 1499.00 feet Southwesterly of the Northeast corner of Government Lot 5, section 7, of said Township 1 South, Range 4 West, San Bernardino Base and Meridian, said point also being the Southeast corner of the land described as Parcel No. 1 in the deed to Eastern Builders Co., recorded March 4, 1957 in Book 4170, Page 296, Official Records; thence South 89' 47' 30" West 179.38 feet along the South line of said Parcel No. 1 to the true point of beginning; thence continuing south 89' 47' 30" West 40.00 feet; thence North 04' 21' 00" East 168.13 feet to a point on the center line of Mill 142-363-05 ATTACHMENT "B" Page 2 street which is 219.13 feet West of the intersection of the centerlines of said Mill street and Rancho Avenue thence East 40.00 feet along said centerline of Mil,l street; thence South 04. 21' 00" West 168.13 feet to the true point of beginning. Excepting therefrom those portions dedicated for street and highway purposes. That portion of Government Lot 8 of Section 18, Township 1 South, Range 4 West, San Bernardino Meridian, in the City of San Bernardino, County of San Bernardino, State of California, according to the official Plat thereof, described as follows: Beginning at a point on the centerline of Rancho Avenue, 66 feet wide, said centerline being the West boundary line of the Rancho San Bernardino and the East boundary I ine of said Government Lot 8, that is Southwesterly along said centerline 1499.00 feet from the Northeast corner of Government Lot 5 of Section 7, Township 1 South, Range 4 West, San Bernardino Base and Meridian, said point being the Southeast corner of that certain Parcel No.1, described in the deed from Investment Service, Inc. , to Eastern Builders Company, recorded on March 4, 1957 in Book 4170, Page 296, Official Records; thence South 89. 47' 30" West along the (;. 142-363-06 ATTACHMENT "B" Page 3 South line of said Parcel No. 1 a distance of 179.38 feet; thence North 4" 21' 00. East 168.13 feet to a point in the centerline of Mill Street that is 179.13 feet West of the intersection of said centerline of Mill Street with the said centerline of Rancho Avenue; thence East along said centerline of Mill Street 179.13 feet to the said intersection of centerlines of Mill Street and Rancho Avenue; thence South 4" 21' 00. West along said centerline of Rancho Avenue 61.92 feet to an angle point; along said continuing thence centerline of Rancho Avenue, South 4" 14' 30. West 105.39 feet to the point of beginning. Excepting therefrom those portions dedicated for street and highway purposes. The westerly 210 feet of that portion of the fractional northeast 1/4 of section 18, township 1 south, range 4 west, San Bernardino Base and Meridian, according to the Official Plat of said land, described as follows: Beginning at the intersection of the westerly line of Rancho Avenue, a 66 foot street, with the southerly line of Mill Street, a 60 foot street described in that certain deed to the city of San Bernardino, recorded February 23, 1954 in book 3552, page 528, Official r. 142-363-07 ATTACHMENT "B" Page 4 Records; thence westerly along the southerly line of said Mill street, 894.20 feet; thence south to a point on the northerly line of that certain parcel of land conveyed to John Anderson, Jr., by deed recorded December 8, 1908 in book 414, page 80 of Deeds; thence easterly along the northerly line of said parcel of land to its intersection with the westerly line of Rancho Avenue; thence northerly along the westerly line of Rancho Avenue to the point of beginning. Excepting therefrom that portion lying westerly of a line which is 914.89 feet (shown as 915 feet of record) west of and parallel to the center line of Rancho Avenue (66 feet wide) . The land referred to in this report is situated in the state of California, County of San Bernardino, and is described as follows: That portion of the fractional northeast 1/4 of section 18, Township 1 South, Range 4 West, San Bernardino Base and Meridian, in the city of San Bernardino, county of San Bernardino, State of California, according to united States Government Survey described as follows: Commencing at the intersection of the Westerly line of Rancho Avenue a 66 foot street, with the Southerly line of Mill Street, a sixty .j ATTACHMENT "B" Page 5 foot street described in that certain deed to the City of San Bernardino recorded February 23, 1954 as instrument No. 361, in Book 3332, Page 528, or official records in the Office of the County Recorder of said county; thence Westerly along the Southerly line of said Mill Street, 881.90 feet; thence south to a point on the Northerly line of that certain parcel of land conveyed to John Anderson, Jr. by deed recorded December 8, 1908, in Book 414, Page 90, of deeds, in the Office of the County Recorder of said county; thence Easterly along the Northerly line of said parcel of land to the intersection with the Westerly line of Rancho Avenue; thence Northerly along the Westerly line of Rancho Avenue to the point of beginning. Excepting therefrom that portion of Government Lot 8, section 18, Township 1 South, Range 4 West, San Bernardino Base and Meridian, in the city of San Bernardino, County of San Bernardino, State of California, according to Government survey as contained in that certain deed from Eastern builders to Edmond F. Jackson and Isobel B. Jackson recorded July 15, 1959, in Book 4875, Page 317, of official records in the office of the County Recorder of said county. Also except that portion thereof lying within the land described in the deed to Louise ATTACHMENT "B" Page 6 Monsoor Wagner recorded October 3, 1966, in Book 6706, Page 126, of official records in the Office of the County Recorder of said county.