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HomeMy WebLinkAbout1992-372 RESOLUTION NO. 92-372 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE 1 DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-06 TO THE GENERAL PLAN OF THE CITY OF SAN 2 BERNARDINO. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 4 5 6 adopted by the Mayor and Common Council by Resolution No. 89-159 on 7 SECTION 1. Recitals (a) The General Plan for the City of San Bernardino was June 2, 1989. 8 (b) General Plan Amendment No. 91-06 to the General Plan of 9 the 10 11 12 13 City of Bernardino San considered by the Planning was commission on August 4, 1992, after a noticed pUblic hearing, and the Planning commission's recommendation of approval has been considered by the Mayor and Common Council. An Initial Study was prepared on April 23, (c) 1992 and 14 reviewed by the Environmental Review Committee and the Planning 15 commission who both determined that General Plan Amendment No. 91- 16 06 would not have a significant effect on the environment and 17 18 19 20 therefore, recommended that a Negative Declaration be adopted. (d) The proposed Negative Declaration received a 30 day public review period from April 30, 1992 through May 29, 1992 and all comments relative thereto have been reviewed by the Planning 21 commission and the Mayor and Common Council in compliance with the 22 23 24 25 26 California Environmental Quality Act (CEQA) and local regulations. e) The Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 91-06 and the Planning Division Staff Report on September 8, 1992. 27 IIII 28 1 92-372 1 (f) The adoption of General Plan Amendment No. 91-06 is 2 deemed in the interest of the orderly development of the City and 3 is consistent with the goals, objectives and policies of the 4 existing General Plan. 5 SECTION 2. Neqative Declaration 6 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 7 and Common Council that the proposed amendment to the General Plan 8 of the City of San Bernardino will have no significant effect on 9 the environment, and the Negative Declaration heretofore prepared 10 by the Environmental Review Committee as to the effect of this 11 proposed amendment is hereby ratified, affirmed and adopted. 12 SECTION 3. Findinqs 13 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 14 City of San Bernardino that: The proposed CR-3, Commercial Regional 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's region-serving mixed use centers pursuant to General Plan Objective 1.32. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that traffic and circulation impacts can be mitigated and the visual impacts associated with CR-3 type commercial development can reasonably be expected to be less than typical light industrial development. 15 A. 16 17 18 19 20 21 B. 22 23 24 25 26 27 III 28 III 2 1 C. 2 3 4 5 6 7 8 9 10 D. 11 12 13 14 15 16 17 A. 18 19 20 21 22 23 24 25 B. 26 27 28 IIII IIII 92-372 The proposed amendment would maintain the appropriate balance of land uses within the city in that the proposed amendment is supported by the transformation of the area's character to a regional commercial district, while a sufficient amount of viable, IL-designated property is available in industrial districts elsewhere in the City and Sphere of Influence, such as the State College Business Park, the Devore area and in the area southwest of Norton Air Force Base (as well as possible new IL areas after the closure of Norton AFB). The amendment area is physically suitable for the requested land use designation and anticipated land use development in that the size (approximately 33 acres) and a directly accessible major arterial (Waterman Avenue) are able to support a large scale, region-serving commercial development. 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 33 acres from IL, Industrial Light to CR-3, Commercial Regional. This amendment is designated as General Plan Amendment No. 91-06 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 be reference. General Plan Amendment No. 91-06 shall become effective immediately upon adoption of this resolution. 3 92-372 1 2 SECTION 5. Map Notation This resolution and the amendment affected by it shall be 3 noted on such appropriate General Plan maps as have been previously 4 adopted and approved by the Mayor and Common Council and which are 5 on file in the office of the City Clerk. 6 7 SECTION 6. Notice of Determination The Planning Division is hereby directed to file a Notice of 8 Determination with the County Clerk of the County of San Bernardino 9 certifying the City's compliance with California Environmental 10 Quality Act in preparing the Negative Declaration. 11 IIII 12 IIII 13 IIII 14 I I I I 15 I I I I 16 IIII 17 IIII 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII 4 92-372 RESOLUTION.. . ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of 20 21 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 8th day of September , 1992, by the following vote, to wit: Council Members ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER &~~r~~ cit Clerk The foregoing resolution is hereby approved day September , 1992. ~ .~ ./ ~. Approved as to 22 form and legal content: 23 JAMES F. PENMAN, 24 City Attorney .f{?~-.... 25 26 27 28 5 Res. 92-372 RCDLANDS I ,OULCVAnD --~_.----_. - I' CG-1 ll1l: -CAnOllNC----- ---@r1iJ~-=-j.i l_ .. 1~~lti~m iliili1 ... .. mEIllH: ... :mm I ~ ~~~;1~m t; ~ .... ... .. ... d~iml::: ... .. .... .. 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IL - Attachment "A" Res. 92-372 Attachment -B-, Page 1 of 3 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 91-06 TITLE THAT PORTION OF LOT 9, BLOCK 75, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF TRACT NO. 2170, INTER-CITY NO.5, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 49 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED OCTOBER 21, 1959, IN BOOK 4961, PAGE 220, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, SAID SOUTHEASTERLY CORNER BEING THE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF WATERMAN AVENUE WITH THE NORTHERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE NORTH 00. 00' 00" EAST, A DISTANCE OF 121.29 FEET (RECORDED AS 120.0 FEET MORE OR LESS), TO AN ANGLE POINT; THENCE SOUTH 89.47' 00" WEST, A DISTANCE OF 35.00 FEET, TO AN ANGLE POINT; THENCE NORTH 00. 00' 00" EAST, A DISTANCE OF 674.16 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF LOT 43 IN SAID TRACT NO. 2170, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 386.00 FEET; THE PRECEDING THREE (3) COURSES BEING ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO THE COUNTY OF SAN BERNARDINO AND THE EASTERLY RIGHT OF WAY LINE OF SAID WATERMAN AVENUE; THENCE NORTHERLY, ALONG SAID CURVE HAVING A RADIUS OF 386.00 FEET, THROUGH A CENTRAL ANGLE OF 16. 19' 12", AN ARC DISTANCE OF 109.95 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 433.00 FEET, A RADIAL LINE AT SAID POINT BEARS SOUTH 73. 40' 48" EAST; THENCE NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 433.00 FEET, THROUGH A CENTRAL ANGLE OF 16. 19' 12", AN ARC DISTANCE OF 123.34 FEET; l. AT T A C H MEN T "B" Attachment "B", Page 2 of 3 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 91-06 TITLE THENCE NORTH 00' 00' 00" EAST, A DISTANCE OF 46.71 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE AT SAID POINT BEARS NORTH 89' 47' 00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90' 00' 00", AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 43; THE PRECEDING FOUR (4) COURSES BEING ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID WATERMAN AVENUE AND THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED AS PARCEL 1 TO JAMES L, DE YONG, A SINGLE MAN, BY DEED RECORDED MAY 18, 1991, AS INSTRUMENT NO. 91- 161032, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; THENCE NORTH 00' 00' 00" EAST, ALONG THE EASTERLY LINE OF SAID LOT 43, A DISTANCE OF 3.00 FEET TO THE NORTHEASTERLY CORNER THEREOF, SAID CORNER BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF CAROLINE STREET, AS SHOWN ON SAID TRACT NO. 2170; THENCE NORTH 89' 47' 00" EAST, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID CAROLINE STREET AND THE NORTHERLy LINES OF LOTS 44, 45, 46, 47, 48, 49, 50, AND 51 IN SAID TRACT NO, 2170, A DISTANCE OF 1142.82 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 51, SAID CORNER BEING THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID CAROLINE STREET WITH THE WESTERLY RIGHT OF WAY LINE OF GARDENA STREET, AS SHOWN ON SAID TRACT NO. 2170; THENCE SOUTH 00' 00' 00" WEST, ALONG THE EASTERLY LINE OF SAID LOT 51 AND THE EASTERLY LINE OF LOT 52 IN SAID TRACT NO. 2170, A DISTANCE OF 370.85 FEET; THENCE SOUTH 89' 47' 00" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 00' 00' 00" WEST, A DISTANCE OF 71.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 52; THENCE NORTH 89' 47' 00" EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 52, A DISTANCE OF 3.00 FEET TO THE SOUTHEASTERLY CORNER THEREOF; A T T A C H MEN T "B" .J . Attachment "B", Page 3 of 3 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 91-06 , TITLE THENCE SOUTH 00' 00' 00" WEST, ALONG THE EASTERLY LINES OF LOTS 53, 54, 55, 56, 57, AND 58 IN SAID TRACT NO. 2170, A DISTANCE OF 781.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 58; THENCE SOUTH 89' 47' 00" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00' 00' 00" WEST, A DISTANCE OF 79.05 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 58, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID SOUTHERN PACIFIC RAILROAD COMPANY; THE PRECEDING SEVEN (7) COURSES BEING ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID GARDENA STREET; THENCE NORTH 80' 00' 00" WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID SOUTHERN PACIFIC RAILROAD COMPANY, A DISTANCE OF 1163.56 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. A T T A C H MEN T "B" ~