HomeMy WebLinkAbout1994-370
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RESOLUTION NO. g4-,70
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT; ADOPTING THE MITIGATION MONITORING
3 PROGRAM; ADOPTING GENERAL PLAN AMENDMENT NO. 94-03 TO AMEND THE
TEXT OF THE GENERAL PLAN; AND, CONSIDERING APPROVAL OF THE
4 SUPERBLOCK PROJECT (ET AL).
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SECTION I. Recitals
6 (a) WHEREAS, the Mayor and Common Council adopted the
7 General Plan for the City of San Bernardino by Resolution No. 89-
8 159 on June 2, 1989; and
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(b) WHEREAS, on March 3, 1994, the Environmental Review
10 Committee determined that the proposed General Plan text amendment
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Regional (Downtown) land use designation from 3.0 to 5.0 on the
Superblock Project site to accommodate the proposed development and
the Development Permit to construct approximately 1. 2 million
square feet of office and commercial retail space in two phases and
related Parcel Map to merge thirtyfour lots into four parcels 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); and
(c) WHEREAS, the City held a public scoping meeting on
April 6, 1994 to solicit public comment on the preparation of the
Draft EIR, and
(d) WHEREAS, the intent of the City to prepare a Draft
Report was made
to
the public,
Environmental
known
Impact
responsible agencies and other interested persons for their
concerns and comments from March 10, 1994 to April 11, 1994 as
required by CEQA; and
(e) WHEREAS, a Draft Environmental Impact Report was
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prepared to address the superblock Project which includes General
Plan Amendment No. 94-03 (a text amendment to General Plan Policy
1.16.20 to increase the floor area ratio (FAR) of the CR-2,
Commercial Regional (Downtown) land use designation from 3.0 to 5.0
on the Superblock Project site to accommodate the proposed
development), Development Permit II No. 94-08 (to construct
approximately 1.2 million square feet of office and commercial
retail space in two phases) and Parcel Map No. 14718 (to merge
thirtyfour lots into four parcels); and
(f) WHEREAS, the Draft EIR was made available to the
public, responsible agencies and other interested persons for their
review and comment from August 3, 1994 to September 19, 1994 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 October 18, 1994 in order to receive public
testimony and written and oral comments on the Superblock Project
which includes General Plan Amendment No. 94-03, Development Permit
II No. 94-08 and Parcel Map No. 14718; and
(j) WHEREAS, the Planning and Building Services
Department Staff Report dated October 18, 1994, which summarizes
the potential effects of the Superblock project which includes the
text amendment to the General Plan, the Development Permit to
construct approximately 1. 2 million square feet of office and
commercial retail space in two phases, and the Parcel Map to merge
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thirty four lots into four parcels as identified in the Draft EIR
and the FEIR were reviewed by the Planning Commission; and
(k) WHEREAS, the proposed Mitigation Monitoring Program
was reviewed by the Planning Commission in compliance with CEQA;
and
(1) WHEREAS, the Planning Commission, after receiving
public testimony, recommended certification of the Environmental
Impact Report, adoption of the Statements of Overriding
Consideration, adoption of the Mitigation Monitoring Program,
adoption of the General Plan Amendment, approval of the Development
Permit and the Parcel Map; and
(m) WHEREAS, the Mayor and Common Council conducted a
noticed public hearing on December 5, 1994 and fully reviewed and
considered the Draft EIR, Final EIR, Mitigation Monitoring Program,
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. 94-03, Development Permit II No. 94-08 and
Parcel Map No. 14718 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 (draft FEIR),
Attachment B (Statements of Overriding Consideration),
Attachment C (Text Changes to the General Plan) and Attachment
D (Site Vicinity and General Plan Land Use Designation Map)
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94-370
and incorporated herein by reference;
The EIR was presented to the Mayor and Common Council who have
reviewed and considered the information in the Final EIR prior
to adopting General Plan Amendment No. 94-03 and considering
approval of Development Permit II No. 94-08 and Parcel Map No.
14718.
The Final EIR has identified all significant environmental
effects of General Plan Amendment No. 94-03, Development
Permit II No. 94-08 and Parcel Map No. 14718 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. 94-03, Development Permit II No. 94-08 and
Parcel Map No. 14718 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 E and
incorporated herein by reference;
Potential mitigation measures and other project alternatives
not incorporated into or adopted as part of General Plan
Amendment No. 94-03, Development Permit II No. 94-08 and
Parcel Map No. 14718 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
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94-370
information contained therein are attached hereto as
Attachment B 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. 94-03, Development Permit II No. 94-08 and Parcel Map No.
14718, 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 Final Environmental Impact Report, Mitigation Monitoring
Program and the statements of Overriding Consideration reflect
the independent review, analysis and judgement of the City of
San Bernardino.
SECTION III. Findinqs
BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
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The proposed text amendment to increase the floor area ratio
(FAR) of the CR-2, Commercial Regional (Downtown) land use
designation from 3.0 to 5.0 on the Superblock Project site to
accommodate the proposed development is internally consistent
with the General Plan in that the purpose of the CR-2
designation is to provide for region-serving governmental and
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administrative uses in the downtown area pursuant to Policy
1.3.1.
The proposed text amendment to increase the FAR of the CR-2,
Commercial Regional (Downtown) land use designation from 3.0
to 5.0 on the Superblock proj ect site to accommodate the
proposed development would not be detrimental to the public
interest, health, safety, convenience, or welfare of the city
in that implementation of the Superblock project will be in
accordance with all mitigation measures identified in the EIR
and contained within the Mitigation Monitoring Program, all
Conditions of Approval, all Standard Requirements, the
approved project plans and any subsequent approvals/permits
required to implement the project.
The proposed text amendment to increase the FAR of the CR-2,
Commercial Regional (Downtown) land use designation from 3.0
to 5.0 on the Superblock proj ect site 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 CR-2
designation.
SECTION IV. certification of the Environmental Impact Report
NOW THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the Environmental Impact Report is
certified, the Statements of Overriding Consideration are adopted
and the Mitigation Monitoring Program is adopted.
SECTION V. Amendments
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO THAT:
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94-370
The Land Use Element of the General Plan of the City of San
Bernardino is amended by changing the text of and adding text
to Policy 1.16.20 to increase the floor area ratio (FAR) of
the CR-2, Commercial Regional land use designation from 3.0 to
5.0 for the Superblock Project site. A copy of the text for
Policy 1.16.20 is attached hereto as Attachment C and
incorporated herein by reference. The 8.26 acre Superblock
Project site is shown on the site Vicinity and General Plan
Land Use Designation Map which is attached hereto as
Attachment D and incorporated herein by reference.
The text amendment described in section V., Subsection A. is
designated as General Plan Amendment No. 94-03 and shall take
effect upon the approval of the Superblock Project (et all by
the Mayor and Common Council.
15 SECTION VI. Text Chanqe
16 This resolution and the amendment affected by it shall be inserted
17 in an appropriate location in the Land Use Element of the General
18 Plan which has been previously adopted and approved by the Mayor
19 and Common Council and which is on file in the office of the City
20 Clerk.
21 SECTION VII. Notice Of Determination
22 The Planning Division is hereby directed to file a Notice of
23 Determination with the County of San Bernardino Clerk of the Board
24 of Supervisors certifying the City's compliance with the California
25 Environmental Quality Act in preparing and adopting the
26 Environmental Impact Report, Statements of Overriding Consideration
27 and Mitigation Monitoring Program. A copy of the Notice of
28 Determination will be forwarded to the State Clearing House.
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94-370
1 RESOLUTION ... CERTIFYING THE ENVIRONMENTAL IMPACT REPORT;
ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING GENERAL PLAN
2 AMENDMENT NO. 94-03 TO AMEND THE TEXT OF GENERAL PLAN; AND,
CONSIDERING APPROVAL OF THE SUPERBLOCK PROJECT (ET AL).
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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 5th
day of
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wit:
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Council Members
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NEGRETE
10
CURLIN
11 HERNANDEZ
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OBERHELMAN
regular
meeting therefore held on the
December
, 1994, by the following vote to
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DEVLIN
POPE-LUDLAM
MILLER
AYES
ABSTAIN
ABSENT
NAYS
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6th
The foregoing resolution is hereby approved this
day of December, 1994.
~~)1;~
Tom Minor, Mayor
city of San Bernardino
22 Approved as to
23 form and legal content:
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JAMES F. PENMAN
City Attorney
By~?flf
Q~
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Gulf OF SAN BERNARE D ATTACHMENT D
Site `/ir-4nity and Genera; Plan Land .se Designation Map
GENERAL PLAN LAND USE DESIGNATION Adopted J- 4
JUL 5 191 GPA No. 94-03/DPI I No. 94-08/PM Flo. 14718
fate Panel No.
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