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HomeMy WebLinkAbout1993-042 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 93-42 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-04 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) 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. 10 (b) General Plan Amendment No. 92-04 to the General Plan of 11 the City of San Bernardino was considered by the Planning 12 commission on December 15, 1992 after a noticed public hearing, and 13 14 15 16 17 18 the Planning Commission's recommendation of approval has been considered by the Mayor and Common Council. (c) An Initial Study was prepared on July 20, 1992 and reviewed by the Environmental Review Committee and the Planning Commission who both determined that General Plan Amendment No. 92- 04 would not have a significant effect on the environment and 19 therefore, recommended that a Negative Declaration be adopted. 20 (d) proposed Negative Declaration received a 21 day The 21 22 23 public review period from August 6, 1992 through August 26, 1992 and all comments relative thereto have been reviewed by the Planning Commission and the Mayor and Common Council in compliance 24 with the California Environmental Quality Act (CEQA) and local 25 26 regulations. e) The Mayor and Common Council held a noticed public 27 hearing and fully reviewed and considered proposed General Plan 28 IIII 1 RES 93-42 1 Amendment No. 92-04 and the Planning Division Staff Report on 2 February 15, 1993. 3 (f) The adoption of General Plan Amendment No. 92-04 is 4 deemed in the interest of the orderly development of the City and 5 is consistent with the goals, objectives and policies of the 6 existing General Plan. 7 SECTION 2. Neqative Declaration 8 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 9 and Common Council that the proposed amendment to the General Plan 10 of the City of San Bernardino will have no significant effect on 11 the environment, and the Negative Declaration heretofore prepared 12 by the Environmental Review Committee as to the effect of this 13 proposed amendment is hereby ratified, affirmed and adopted. 14 SECTION 3. Findinqs 15 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 16 City of San Bernardino that: The proposed CH, Commercial Heavy, 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 facilitate the continued and orderly expansion of the area pursuant to General Plan Objective 1.30. The proposed amendment would not be detrimental to the pUblic interest, health, safety, convenience or welfare of the City in that the Initial Study does not identify any significant impacts. 17 A. 18 19 20 21 22 23 B. 24 25 26 27 IIII 28 IIII 2 RES 93-42 1 c. 2 3 4 5 6 D. 7 8 9 10 11 12 13 14 15 A. 16 17 18 19 20 21 22 23 B. 24 25 26 The proposed amendment would maintain the appropriate balance of land uses within the City in that the proposed amendment is supported by the mix of uses in the area while a sufficient amount of viable, commercially-designated property is available in surrounding areas. The amendment area is physically suitable for the requested land use designation and anticipated land use development in that the amendment site is sUfficiently large to accommodate the setbacks, screening, landscaping and off-street parking required to protect adjacent commercial and residential uses and has access to the 1-215 Freeway, a regional transportation corridor. 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 1.4 acres from CG-1, Commericial General to CH, Commercial Heavy. This amendment is designated as General Plan Amendment No. 92-04 and its location is outlined on the map entitled Attachment A, and is more specifically described in the legal description entitled Attachment B, copies of which are attached and incorporated herein by reference. General Plan Amendment No. 92-04 shall become effective immediately upon adoption of this resolution. SECTION 5. Map Notation This resolution and the amendment affected by it shall be 27 noted on such appropriate General Plan maps as have been previously 28 IIII 3 RES 93-42 1 adopted and approved by the Mayor and Common Council and which are 2 on file in the office of the City Clerk. 3 SECTION 6. Notice of Determination 4 The Planning Division is hereby directed to file a Notice of 5 Determination with the County Clerk of the County of San Bernardino 6 certifying the City's compliance with California Environmental 7 Quality Act in preparing the Negative Declaration. 8 IIII 9 IIII 10 I I I I 11 IIII 12 I I I I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 RES 93-42 1 2 RESOLUTION. . . ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a reqular meeting therefore, held on the 6 15th February , 1993, by the following vote, to day of 7 wit: 8 council Members AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 REILLY x 11 HERNANDEZ x 12 MAUDSLEY --X... 13 MINOR ~ 14 POPE-LUDLAM ---X.. 15 MILLER ---X.. 16 c&c~ ~ 17 city lerk 18 The foregoing resolution is hereby approved 's ltt-b day 19 of ';~ \> .~ ""~\.)' \ , 1993. \ 20 21 Approved as to 22 form and legal content: 23 24 25 26 27 28 JAMES F. PENMAN, city Attorney i!~ 7 k~ ,_..- 5 RES 93-42 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. GPA 92-04 TITLE AMENDMENT AREA r--I I L \ 2StIl STREET ~--~ \ , ---- "'.s- , \ \ i J7 ,v.r :- , I 1 '.;J I .., ! > I - ". . - j Q I "- i i;" I -<' , ~". oS ~ ~ o ~ ~ i ~ .,:.~ ~1:.. ' <I;... , I . -~ , I I ~-- I J .- LEGEND G D AlIA OF 1IRc.T nit. eM (COHMI-=lM- ,.1N1') ,---- I , ATTACHMENT A RES 93-42 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. GPA 92-04 TITLE ~ PARCEL NO. 1: APN 148-191-28 LOTS 90 AND 91, AND THOSE PORTIONS OF LOTS 113, 114 AND 115, TRACT NO. 2259, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 32 OF MAPS, PAGE 30, RECORDS OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES: BEGINNING AT ~HE INTERSECTION OF THE CENTER LINE OF 24TH STREET, SHOWN ON SAID MAP AS BEING 50 FEET WIDE, AND THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 91; THENCE ALONG SAID CENTER LINE, SOUTH 89 DEG. 45' 46" WEST, 136.12 FEET; THENCE NORTH 37 DEG. 21' 59" WEST, 31.36 FEET TO THE SOUTH LINE OF SAID LOT 115; THENCE NORTH 36 DEG. 28' 19" WEST, 167.32 FEET TO THE NORTH LINE OF SAID LOT 113; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOTS 113, 114 AND 115, A DISTANCE OF 118.63 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 115; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 115, A DISTANCE OF 27.00 FEET TO THE NORTH- WESTERLY CORNER OF SAID LOT 90; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 90, A DISTANCE OF 135.00 FEET TO THE NORTH- EASTERLY CORNER OF SAID LOT 90; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 90, AND ALONG SAID EAST LINE OF LOT 91 AND THE SOUTHERLY PROLONGATION THEREOF, A DISTANCE OF 133.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF 24TH STREET VACATED BY RESOLUfION OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA, RESOLUTION NO. 11416, ADJOINING SAID PROPERTY ON THE SOUTH WHICH WOULD PASS BY OPERATION OF LAW BY A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION BEING. RECORDED JUNE 11, 1973, IN BOOK 8201, PAGE 1182, OFFICIAL RECORDS. PARCEL NO.2: APN 148-191-29 THAT PORTION OF B~OCK "A", TRACT NO. 1962, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 28 OF MAPS, PAGE 30, RECORDS OF SArD COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE INTERSECTION OF THE CENTER LINE 24TH STREET, SHOWN ON SAID MAP AS VINE STREET, 50 FEET WIDE, AND THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BLOCK; THENCE ALONG SAID CENTER LINE, SOUTH 89 DEG. 45' 46" WEST, 136.12 FEET; THENCE SOUTH 37 DEG. 21' 59" EAST, 226.13 FEET TO SAID EASTERLY LINE OF BLOCK "A"; THENCE NORTHERLY ALONG SAID EASTERLY LINE, A DISTANCE OF 180.29 FEET TO THE POINT OF BEGINNING. AT T A C H MEN T "B" .J RES CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. GPA 92-04 TITLE TOGETHER WITH THAT PORTION OF 24TH STREET VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA, RESOLUTION NO. 11416, ADJOINING SAID PROPERTY ON THE NORTH WHICH WOULD PASS BY OPERATION OF LAW BY A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION BEING RECORDED JUNE 11, 1973, IN BOOK 8201, PAGE 1182, OFFICIAL RECORDS. PARCEL NO.3: APN 148-191-30 LOTS 92, 93 AND BERNARDINO, COUNTY PLAT RECORDED IN COUNTY. 94, TRACT NO. 2259, IN THE CITY OF SAN OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER BOOK 32 OF MAPS, PAGE 30, RECORDS OF SAID EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY AND STREET PURPOSES, BY DEED RECORDED JULY 16, 1971, IN BOOK 7711, PAGE 523, OFFICIAL RECORDS. PARCEL NO.4: APN 148-191-22,23,24 THAT PORTION OF LOT 95, TRACT NO. 2259, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 32 OF MAPS, PAGE 30, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT, DISTANT ALONG SAID EAST LINE SOUTH 0 DEG. 21' 10" EAST, 30.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 89 DEG. 44' 37" WEST, 21. 96 FEET; THENCE SOUTH 27 DEG . 16' 56" EAST, 48. 48 FEET TO A POINT ON THE EAST LINE OF SAID LOT; THENCE ALONG SAID EAST LINE, NORTH 0 DEG. 21' 10" WEST, 43.18 FEET TO THE POINT OF BEGINNING. AT T A C H MEN T "B" RES 93-42. . . CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. GPA 92-04 TITLE D AMENDMENT AREA r-_I I L \ 2S'" STREET ~---i \ !---- AJ , \ \ i J7 ,v.,r ,.. I I ..;J I I ~ I -., - ". , - j Q I i .~ I ~ ~ o ~ ~ i -?- , ~... oS' ~ ofl~ ~~ ' .,;.. , I , -~ , I I r-- LEGEND AIM OF 1IItof:l-~ eM (eet............ 'MJMI') .--- I . I -- G ATTACHMENT A RES 93-42 . .' CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. GPA 92-04 TITLE PARCEL NO.1: APN 148-191-28 LOTS 90 AND 91, AND THOSE PORTIONS OF LOTS 113, 114 AND 115, TRACT NO. 2259, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 32 OF MAPS, PAGE 30, RECORDS OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF 24TH STREET, SHOWN ON SAID MAP AS BEING 50 FEET WIDE, AND THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 91; THENCE ALONG SAID CENTER LINE, SOUTH 89 DEG. 45' 46" WEST, 136.12 FEET; THENCE NORTH 37 DEG. 21' 59" WEST, 31.36 FEET TO THE SOUTH LINE OF SAID LOT 115; THENCE NORTH 36 DEG. 28' 19" WEST, 167.32 FEET TO THE NORTH LINE OF SAID LOT 113; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOTS 113, 114 AND 115, A DISTANCE OF 118.63 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 115; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 115, A DISTANCE OF 27.00 FEET TO THE NORTH- WESTERLY CORNER OF SAID LOT 90; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 90, A DISTANCE OF 135.00 FEET TO THE NORTH- EASTERLY CORNER OF SAID LOT 90; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 90, AND ALONG SAID EAST LINE OF LOT 91 AND THE SOUTHERLY PROLONGATION THEREOF, A DISTANCE OF 133.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF 24TH STREET VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA,' RESOLUTION NO. 11416, ADJOINING SAID PROPERTY ON THE SOUTH WHICH WOULD PASS BY OPERATION OF LAW BY A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COpy OF SAID RESOLUTION BEING-RECORDED JUNE 11, 1973, IN BOOK 8201, PAGE 1182, OFFICIAL RECORDS. PARCEL NO.2: APN 148-191-29 THAT PORTION OF B~OCK "A", TRACT NO. 1962, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 28 OF MAPS, PAGE 30, RECORDS OF SAI'D COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE INTERSECTION OF THE CENTER LINE 24TH STREET, SHOWN ON SAID MAP AS VINE STREET, 50 FEET WIDE, AND THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BLOCK; THENCE ALONG SAID CENTER LINE, SOUTH 89 DEG. 45' 46" WEST, 136.12 PEET; THENCE SOUTH 37 DEG. 21' 59" EAST, 226.13 PEET TO SAID EASTERLY LINE OP BLOCK "A"; THENCE NORTHERLY ALONG SAID EASTERLY LINE, A DISTANCE OF 180.29 PEET TO THE POINT OF BEGINNING. A T T A C H MEN T "B" RES 93-42 . .. CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. GPA 92-04 TITLE TOGETHER WITH THAT PORTION OF 24TH STREET VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA, RESOLUTION NO. 11416, ADJOINING SAID PROPERTY ON THE NORTH WHICH WOULD PASS BY OPERATION OF LAW BY A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COpy OF SAID RESOLUTION BEING RECORDED JUNE 11, 1973, IN BOOK 8201, PAGE 1182, OFFICIAL RECORDS. PARCEL NO.3: APN 148-191-30 LOTS 92, 93 AND 94, TRACT NO. 2259, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 32 OF MAPS, PAGE 30, RECORDS OF SAID COUNTY . EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY AND STREET PURPOSES, BY DEED RECORDED JULY 16, 1971, IN BOOK 7711, PAGE 523, OFFICIAL RECORDS. PARCEL NO.4: APN 148-191-22,23,24 THAT PORTION OF LOT 95, TRACT NO. 2259, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 32 OF MAPS, PAGE 30, RECORDS O~ SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT, DISTANT ALONG SAID EAST LINE SOUTH 0 DEG. 21' 10" EAST, 30.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 89 DEG. 44' 37" WEST, 21.96 FEET; THENCE SOUTH 27 DEG. 16' 56" EAST, 48.48 FEET TO A POINT ON THE EAST LINE OF SAID LOT; THENCE ALONG SAID EAST LINE, NORTH 0 DEG. 21' 10" WEST, 43.18 FEET TO THE POINT OF BEGINNING. 10.. A T T A C H MEN T "B" I' RES 93-42 . EXHIBIT "A" .' \ I CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM 4 HEARING DATE 17-1 'i-92 WARD 'i W l/) < (J ~ tn W ::l o W II: - < W II: < r APPLICANT: Orville and Mary Spears ...., Inland Supply Water Works 2400 Miramonte Drive OWNER: San Bernardino, CA 92405 Same r GENERAL PLAN AMENDMENT NO. 92-04 '- ~ \.. The applicant requests an amendment to change the land use designation from CG-l, Commercial General to IL, Industrial Light land use designation on approximately 1.4 acres located generally southwest of the intersection of Miramonte Avenue and 25th Street on the east side of the 1-215 Freeway. Staff proposes an alternative CH, Commercial Heavy land use desig- nation. \.. r EXISTING LAND LJS~ ZO"'fING PRQPFRTY Subject North South East West Water-Works Supply & Vacant CG-l Commercial, Industrial CG-l 1-215 Freeway N/A Single Family RS 1-215 Freeway N/A \.. GENERAL PLAN DESIGNATION Commercial General Commercial General N/A Residential Suburban N/A ( GEOLOGIC I SEISMIC D YES C FLCOO HAZARD D YES D ZONE A )( SEWERS: ~YES ) HAZARD ZONE: X~ NO ~ ZONE: ~O D ZONE B D NO ( HIGH FIRE DYES )( AIRPORT NOISE! D YES ) REDEVELOPMENT DYES HAZARD ZONE: ik NO CRASH ZONE: PROJECT AREA: XIlD NO XIlDNO r r - -' o NOT o POTEN'TW. SIGNIFICANT Z itn APPUCABLE EFFECTS WIlH 0 MIllGATlNG MEASURES ~ NO E.tR. Wc:J LCI :&z o EXEMPT o E.l.R. REQUIRED BUT NO Lifj z- SIGNIFICANT EFFECTS OCl WIlH WTIGATlNG ;1 1I:l: MEASURES -L > 'ClI NO SIGNIFICANT o SIGNIFICANT EFFECTS 0 Z U W EFFECTS SEE ATTACHED E.R.C. W \ MINUTES II: -~ r:.::..~ n MIll Q; APPROVAL. .... 0 CONDITIONS 0 DENIAL. 0 CONTINUANCE TO Approval for CH '- PLAN-I.a2 PAGE, OF 1 (4-10)