HomeMy WebLinkAbout1993-063
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RESOLUTION NO. 93-63
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT; AND ADOPTING FINDINGS, STATEMENTS OF
3 OVERRIDING CONSIDERATION AND MITIGATION MONITORING PROGRAM;
ADOPTING GENERAL PLAN AMENDMENT NO. 90-06 TO AMEND THE GENERAL PLAN
4 LAND USE PLAN MAP AND TEXT AND CIRCULATION PLAN MAP.
5 SECTION I. Recitals
6 (a) WHEREAS, the Mayor and Common Council adopted the General
7 Plan for the City of San Bernardino by Resolution No. 89-l59 on
8 June 2, 1989; and
9 (b) WHEREAS, on May 24, 1990, the Environmental Review
10 Committee determined that General Plan Amendment No. 90-06, a
11 proposal to amend the General Plan Land Use Map and to amend the
12 General Plan Circulation Plan Map could have a significant effect
13 on the environment and thus warranted the preparation of an
14 Environmental
Impact
Report
pursuant
to
the
California
15 Environmental Quality Act (CEQA); and
16 (c) WHEREAS, the intent of the City to prepare a Draft
17 Environmental Impact Report was made known to the public,
18 responsible agencies and other interested persons for their
19 concerns and comments from September 19, 1991 to October 18, 1991,
20 as required by CEQA; and
21 (d) WHEREAS, the City held a public scoping meeting on
22 September 30, 1991 to solicit public comment on the preparation of
23 the Draft EIR; and
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(e) WHEREAS, a Draft Environmental Impact Report was prepared
to address General Plan Amendment No. 90-06 and other alternatives'
impacts in compliance with CEQA and local regulations; and
27 (f) WHEREAS, the Draft ErR was made available to the public,
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RES 93-63
responsible agencies and other interested persons for their review
and comment from March 30, 1992 to May 15, 1992, as required by
CEQA; and
(g) WHEREAS, the Draft EIR identified a preferred alternative
to the applicant's proposal which would also result in a text
amendment to the General Plan to create CG-5, Commercial General -
Verdemont Area, a new commercial general land use designation
having a reduced floor area ratio (FAR) of 0.25; and
(h) WHEREAS, the implementation of the new CG-5, Commercial
General - Verdemont Area land use designation would result in a
text amendment to the Development Code, Development Code Amendment
No. 92-01 was added to the project (General Plan Amendment No. 90-
06) and evaluated in the Draft EIR; and
(i) WHEREAS, verbal and written comments were received on the
Draft EIR; and
(j) WHEREAS, these comments were responded to both orally and
in writing as required by CEQA; and
(k) WHEREAS, the Planning Commission conducted a noticed
public hearing on December 15, 1992 in order to receive public
testimony and written and oral comments on General Plan Amendment
No. 90-06 and Development Code Amendment No. 92-01; and
(l) WHEREAS, the Planning and Building Services Department
Staff Report dated December 15, 1992, which summarizes the
potential effects of the applicant's proposal (CG-l, Commercial
General) and the preferred alternative (CG-5, Commercial General -
Verdemont Area), the Circulation Plan Map Amendment and the
Development Code Amendments identified in the Draft EIR and the
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RES 93-63
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1 FEIR and summarizes the General Plan Amendments, and Development
2 Code Amendments was reviewed by the Planning Commission; and
3 (m) WHEREAS, the proposed Mitigation Monitoring Program was
4 reviewed by the Planning commission in compliance with CEQA; and
5 (n) WHEREAS, the Planning Commission, after receiving public
6 testimony, recommended certification of the Environmental Impact
7 Report, adoption of the Findings and Statements of Overriding
8 Consideration, adoption of the Mitigation Monitoring Program,
9 approval of the preferred alternative (CG-5, Commercial General -
10 Verdemont Area) for General Plan Amendment No. 90-06, the
11 Circulation Plan Map amendment for General Plan Amendment No. 90-06
12 and approval of Development Code Amendment No. 92-01; and
13 (0) WHEREAS, the Mayor and Common Council conducted a noticed
14 public hearing on March 8, 1993 and fully reviewed and considered
15 the Draft EIR, Final EIR, Mitigation Monitoring Program, Findings
16 and statements of Overriding Consideration, the Planning Division
17 staff reports and the recommendations of the Planning Commission.
18 SECTION II. Environmental Impact Report
19 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE
20 MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
The Environmental Impact Report (EIR), for General Plan
Amendment No. 90-06 (CG-5, Commercial General - Verdemont Area
and the Circulation Plan Amendment) and Development Code
Amendment No. 92-01, 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 Exhibit I-A [Draft EIR] and Exhibit l-B [Final EIR] and
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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. 90-06 (CG-S, Commercial
General - Verdemont Area and the Circulation Plan Amendment)
and Development Code Amendment No. 92-01;
The Final EIR has identified all significant environmental
effects of General Plan Amendment No. 90-06 (CG-S, Commercial
General - Verdemont Area and the Circulation Plan Amendment)
and Development Code Amendment No. 92-01 and there are no
known potentially significant environmental effects not
addressed in the Final EIR;
Although the Final EIR identifies certain significant
environmental effects that would result if General Plan
Amendment No. 90-06 (CG-S, Commercial General - Verdemont Area
and the Circulation Plan Amendment) and Development Code
Amendment No. 92-01 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 Final
EIR. The Mitigation Monitoring Program and all information
contained therein is attached hereto as Attachment C of
Exhibit I-B [Final EIR] and incorporated herein by reference;
Potential mitigation measures and other project alternatives
not incorporated into or adopted as part of General Plan
Amendment (CG-S, Commercial General - Verdemont Area and the
Circulation Plan Amendment) and Development Code Amendment No.
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92-01 were rejected as infeasible, based on specific economic,
social or other considerations as set forth in the statements
of Overriding Consideration. The statements of Overriding
Consideration and all the evidence and information contained
therein is attached hereto as Exhibit 2 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
and other benefits of General Plan Amendment No. 90-06 (CG-S,
Commercial General - Verdemont Area and the Circulation Plan
Amendment) and Development Code Amendment No. 92-01, as set
forth in the statements of Overriding Consideration;
The findings contained in the statements of Overriding
Consideration with respect to the significant impacts
identified in the Final EIR are true and correct, and are
based upon substantial evidence in the record, including
documents comprising the Final EIR. The statements of
Overriding Consideration are attached hereto as Exhibit Band
incorporated herein by reference.
The Final Environmental Impact Report, Mitigation Monitoring
Program, and the Findings and statements of Overriding
Consideration reflect the independent review and analysis and
the independent judgement of the City of San Bernardino.
SECTION III. Findinos
BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO THAT:
A. Amendments to the Land Use Plan map and text:
1. General Plan Amendment No. 90-06 and Development Code
Amendment No. 92-01, are consistent with the General
Plan, in that the new CG-5, Commercial General
Verdemont Area land use designation would permit the
development of lower intensity commercial uses that would
be compatible with the surrounding, low intensity
residential uses.
2. The map amendment will affect the balance of land uses
within the City in that the Environmental Impact Report
identifies the loss of future housing units as a
potentially significant adverse impact on a regional
scale. This impact is addressed in the Statements of
Overriding Consideration which were prepared pursuant to
CEQA.
3. Except for the potentially significant adverse impact to
housing, all the elements of the map and text amendment
would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
4. All elements of the General Plan Amendment and the
Development Code Amendment will ensure development of
desirable character which will be compatible with
existing and proposed development in the surrounding area
in that future commercial development on the site will be
subject to all applicable standards and requirements of
the City's Development Code.
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5. The General Plan Amendment site, which includes 36.8
acres, is physically suitable for the requested land use
designation and the anticipated development as analyzed
in the Environmental Impact Report, which determined the
development desirable and appropriate for the site, all
public services and infrastructure are available to the
project site and any development permissible under the
CG-5, Commercial General - Verdemont Area would not
impact on these facilities.
6. The General Plan Amendment and Development Code Amendment
will ensure that development of retail and commercial
service uses on the site will be of a size, scale,
densitYlintensity and character that will be compatible
with existing and proposed development in that the
General Plan goals, objectives and policies established
for the CG-5, Commercial General - Verdemont Area land
use designation are intended to encourage high quality
development of a nature consistent with surrounding
developments in the Verdemont Area.
Amendment to the Circulation Plan map:
1. The amendment to realign Little League Drive on the
Circulation Plan will not affect the balance of land uses
within the city.
2. The realignment of Little League Drive will enhance the
level of public services available to the surrounding
area in that it will provide a more direct route into and
through the area.
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1 3. The realignment of Little League Drive will change the
2 circulation Plan Map and does not conflict with General
3 Plan policies.
4 4. The amendment to the Circulation Plan map will not be
5 detrimental to the public interest, health, safety,
6 convenience, or welfare of the City in that the new
7 alignment will enhance traffic safety in the area by
8 providing an improved alignment.
9 SECTION IV. certification of the Environmental Impact Report
10 NOW THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
11 Mayor and Common Council that the Environmental Impact Report is
12 certified, the Statements of Overriding Consideration are adopted
13 and the Mitigation Monitoring Program is adopted.
14 SECTION V. Amendments
15 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
16 OF THE CITY OF SAN BERNARDINO THAT:
The Land Use Element of the General Plan of the City of San
Bernardino is amended by adding text which consists of a goal,
objective and policies for the CG-S, Commercial General -
Verdemont Area land use designation. A copy of the text for
the CG-S, Commercial General - Verdemont Area land use
designation is attached hereto as Exhibit 3 and incorporated
herein by reference.
The Land Use Plan of the General Plan of the City of San
Bernardino is amended by changing approximately 29.7 acres
from RU-l, Residential Urban and 7.1 acres from CG-l,
Commercial General to CG-S, Commercial General - Verdemont
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RES 93-63
Area. The location of this amendment is outlined on the map
entitled Exhibit 4 and is more specifically described in the
legal descriptions entitled Exhibits 5-A through 5-B, copies
of which are attached hereto and incorporated herein by
reference.
The General Plan Circulation Plan is amended as outlined on
the map entitled Exhibit 6, a copy of which is attached hereto
and incorporated herein by reference.
The text and map amendments described in section v.,
Subsections A. through C. are designated as General Plan
Amendment No. 90-06 and shall take effect upon the effective
date of an accompanying ordinance adopting Development Code
Amendment No. 92-01 which implements General Plan Amendment
No. 90-06 (CG-5, Commercial General - Verdemont Area).
15 SECTION VI. Text Chanoe And Map Notations
16 This resolution and the amendments affected by it shall be
17 inserted in an appropriate location in the Land Use Element of the
18 General Plan and noted on such appropriate General Plan maps which
19 have been previously adopted and approved by the Mayor and Common
20 Council and which are on file in the office of the City Clerk.
21 SECTION VII. Notice Of Determination
22 The Planning Division is hereby directed to file a Notice of
23 Determination with the County Clerk of the County of San Bernardino
24 certifying the City's compliance with the California Environmental
25 Act in preparing and adopting the Environmental Impact Report and
26 Mitigation MonitoringlReporting Program.
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RESOLUTION ... CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; AND
ADOPTING FINDINGS, STATEMENTS OF OVERRIDING CONSIDERATION AND
MITIGATION MONITORING PROGRAM; AND ADOPTING GENERAL PLAN AMENDMENT
NO. 90-06.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common council of the City of San
Bernardino at a
regular
meeting therefore held on the
March
8th day of
, 1993, by the following vote to
wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
9
ESTRADA
10 REILLY
11 HERNANDEZ
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
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,/"'.
i.d~ ~
City-Clerk
,,::
Tee foregoing resolution is hereby approved
day of\\\,,\,lS~~ \, 1993.
22 Approved as to
form and legal content:
23
JAMES
24 ci ty
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F. PENMAN
ttorney
~? 1 . J~,~
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