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HomeMy WebLinkAbout1991-047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 Resolution No. 91-47 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-12 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND THE 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. (b) General Plan Amendment No. 90-12 to the General Plan of the City of San Bernardino was considered by the Planning commission on January 8, 1991, after a noticed public hearing, and the Planning commission's recommendation of approval has been considered by the Mayor and Common Council. (c) An Initial Study was prepared on November 5, 1990 and reviewed by the Environmental Review Committee and the Planning commission who both determined that General Plan Amendment No. 90-12 would not have a significant effect on the environment and therefore, recommended that a Negative Declaration be adopted. (d) The proposed Negative Declaration received a 21 day public review period from November 22, 1990 through December 12, 1990 and all comments relative thereto have been reviewed by the Planning commission and the Mayor and Common Council in compliance with the California Environmental Quality Act 28 IIII and local regulations. 1 RESOLUTION...ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 90-12 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 ~ 21 ~ ~ 24 ~ 26 27 28 (e) The Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 90-12 and the Planning Division Staff Report on February 4, 1991. (f) The adoption of General Plan Amendment No. 90-12 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. Neqative Declaration 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 will have no significant effect on the environment, and the Negative Declaration heretofore prepared by the Environmental Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted. SECTION 3. Findinqs BE IT FURTHER RESOLVED by the Mayor and Common Council of the city of San Bernardino that: A. The change of designation from PFC, Public Flood Control to RE, Residential Estate for the proposed amendment will change the land use map only and is not in conflict with the goals, objectives and policies of the General Plan. IIII IIII IIII 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 RESOLUTION...ADOPTING THE NEGATIVE DEC~RATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 90-12 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. B. C. D. E. that: A. IIII IIII IIII The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. All public services are available to the study area. Any development permissible under the RE, Residential Estate designation proposed by this amendment would not impact on such services. The proposed amendment is to redesignate 13.5 acres to RE, Residential Estate. No housing stock will be affected. The amendment site is physically suitable for the requested land use designation. Anticipated future land use has been analyzed in the Initial Study and it has been determined project specific that mitigation measures will any sufficient eliminate be to environmental impacts. SECTION 4. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council The Land Use Plan of the General Plan of the City of San Bernardino is amended by changing approximately 13.5 acres from PFC, Public Flood Control to RE, Residential Estate. This amendment is designated as General Plan Amendment No. 90-12 and its location is outlined on map 3 1 2 3 4 5 6 7 8 9 10 RESOLUTION...ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 90-12 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. B. entitled is more specifically Attachment A, and described in the legal descriptions entitled Attachment B, copies of which are attached and incorporated herein by reference. General Plan Amendment No. 90-12 shall be effective immediately upon adoption of this resolution. SECTION 5. Map Notation This resolution and the amendment affected by it shall 11 be noted on such appropriate General Plan maps as have been 12 previously adopted and approved by the Mayor and Common 13 Council and which are on file in the office of the City 14 15 16 Clerk. SECTION 6. Notice of Determination The Planning Department is hereby directed to file a 17 Notice of Determination with the County Clerk of the County 18 of San Bernardino certifying the city's compliance with CEQA 19 in preparing the Negative Declaration. 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII 4 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 RESOLUTION...ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 90-12 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting therefore, held on the 4th day of February , 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA X REILLY X FLORES X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER ~ C~~k~ The foregoing resolution is hereby approved this 5th February , 1991. day of /",/ ~/ Approved as to form and legal content: JAMES city F. PENMAN, ttorney 7- /1 5 'LOCA T1 ON GENERAL PLAN AMENDMENT NO. 90-12 "b,p~.. '. .llo-I"'2.-~ SC)f\ 'Berno.rdiV\o CoW\~ AS$C$sor ~ mo.p "Book ~~O P~e..J~ ~l-O-'4.l-/C. .l'lO -,.., a -'~n .l'l-O-I'#;a,.. q . :WIWlW NOOK 110) . , , , , , , "@ ~ . a ~ ~ " I " o i o , . T.C." LIMn 7001 .<5' .~ v~ "'AD. -. 1fi.5) x . , , " ~ ~ n ATTACHMENT A -it"1I; ~ . '..... I ~I 1.10-'''a-3 at ~~l-O-I.,a-" , I 9~ , .. I VEl '" 1 "ST ~:[~ ! 40'~ "'tT",,-+ , 055: fife. +0 RE CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 90-12 TIT L E LEGAL DESCRIPTIONS PARCEL NO. DESCRIPTION 270-142-02 County of San Bernardino, State of California Parcel No.1 That portion of Lot 2 of HANCOCK SURVEY of Part of Muscupiabe Rancho, Township 1 North, Range 4 west, SAN BERNARDINO BASE AND MERIDIAN, according to Government Servey, as per plat recorded in Book 2 of Maps, page 42, records of said County, described as follows: BEGINNING at a point on the South line of said Lot 2, 815.15 feet West of an iron stake recognized as the common corner of Sections 13, 14, 23 and 24 in said Township and Range; thence Northerly at an angle of 910 44' with this line 716 feet; thence West 505 feet to the West line of said Lot 2 thence Horth along said West line 730 feet to the true point of beginning; thence continuing North along the west line of said Lot 2 to the North line of Muscupiabe Rancho, as patented; thence Southeasterly along the said North line of the Muscupiabe Rancho to the West line of the parcel conveyed by D. J. Carpenter and wife, to W. S. Hooper by Deed recorded in Book 432 of deeds, page 361; thence South along the West line of said parcel conveyed to said W. S. Hooper to a point on the Easterly extension of the Northerly line of the parcel conveyed by Lyman C. Marshall and wife, to John L. Kilian and wife, by Deed recorded November 29, 1946 as Instru- ment No. 56, in Book 1975, page 181, Official Records; thence West along said Northerly line and the Easterly extension thereof 505 feet to the point of beginning. EXCEPT therefrom the South 150 feet thereof. ALSO EXCEPTING THEREFROM the East 20 feet thereof, used for road purposes. Said property is also shown on Licensed Land Surveyors Map recorded in Book 1 of Records of Survey, page 124. Parcel No.2 An undivided 1/2 interest in a well and pumping plant located approximately 50 feet North of the South line and 200 feet East of the West line of the following described property: That portion of Lot 2, HANCOCK SURVEY of Part of Muscupiabe Rancho, Township 1 North, Range 4 West, SAN BERNARDINO BASE AND MERIDIAN, according to Government Survey, as per plat recorded in Book 2 A T T A C H MEN T B-1 r CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 90-12 TITLE LEGAL DESCRIPTIONS PARCEL NO. DESCR I PTI ON of Maps, page 42, records of said County, described as follows: Beginning at a point on the South line of said Lot, 2, 815.15 feet west of an iron stake recognized as the common corners of Sections 13, 14, 23 and 24, in said Township and Range; thence Northerly at an angle of 910 44' with this line 716 feet; thence West 505 feet to the West line of said Lot 2; thence North along said West line 380 feet to the true point of beginning of Parcel of land described herein; thence continuing North along said West line 250 feet; thence East 505 feet to the West line of Parcel of land conveyed by D. J. Carpenter and wife, to W. S. Hooper by deed recorded in Book 482 of Deeds, page 361; thence south along said West line 250 feet, more or less, to a line which bears East from the true point of beginning; thence west 505 feet to the point of beginning. EXCEPTING THEREFROM the East 20 feet thereof for road purposes. Parcel No.3 Easement for ingress and egress and right to use, maintain, alter, repair, water lines and power lines over property described as follows: That portion of Lot 2, HANCOCK SURVEY of Part of Muscupiabe Rancho, Township 1 North, Range 4 West, SAN BERNARDINO BASE AND MERIDIAN, according to Governemnt Survey, as per plat recorded in Book 2 of Maps, page 42, records of said county, described as follows: Beglnning at a point on the South line of said Lot 2, 815.15 feet West of an iron stake recognized as the common corners of Sections 13, 14, 23 and 24, in saId Township and Range; thence Northerly at an angle of 910 44' with this line 716 feet; thence West 505 feet to the west line of said Lot 2; thence North along said West line 380 feet to the true point of beginning of Parcel of land described herein; thence continuing North along said West line 250 feet; thence east 505 feet to the West line of Parcel of land conveyed by D. J. Carpenter and wife, to W. S. Hooper by deed recorded in Book 482 of Deeds, page 361; thence south along said West line 250 feet, more or less, to a line which bears East from the true point of beginning; thence west 505 feet to the point of beginning. A T T A C H MEN T B-2 j CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 90-12 TITLE LEGAL DESCRIPTIONS PARCEL NO. DESCRIPTION EXCEPTING THEREFROM the East 20 feet thereof for road purposes. Parcel No.4 Easement for ingress and egress and right to use, maintain, alter, repair, water line and power lines over property described as follows: That portion of Lot 2 of HANCOCK SURVEY of Part of Muscupiabe Rancho, Township 1 North, Range 4 West, SAN BERNARDINO BASE AND MERIDIAN, according to Government Survey, as per plat recorded in Book 2 of Maps, page 42, records of said County, described as fo 11 ows : BEGINNING at a point on-the South line of said Lot 2, 815.15 feet West of an iron stake recognized as common corner of Sections 13, 14, 23 and 24 in said Township and Range; thence Northerly at an angle of 910 44' with this line 716 feet; thence West 505 feet to the West line of said Lot 2; thence North along said West line 630 feet to true point of beginning of boundary of parcel of land described herein; thence continuing North along said West line 100 feet; thence East 505 feet to the West line of parcel of land conveyed by D. J. Carpenter et ux., to W. S. Hooper by deed recorded in Book 482, page 361 of Deeds; thence South along said West line 100 feet, more or less to a point in the Easterly extension of land conveyed to John Doe Evans, et ux., recorded in Book 1448, page 42, Official Records; thence West 505 feet to the true point of beginning. EXCEPTING THEREFROM the East 20 feet for road purposes. Parcel No. 5 A right of way for ingress and egress over the driveway as it existed in February 1954, across the North 75 feet of the East 50 feet of the following described property: That portion of Lot 2, HANCOCK SURVEY of Part of Muscupiabe Rancho, Township 1 North, Range 4 West, SAN BERNARDINO BASE AND MERIDIAN, according to Government Survey, as per plat recorded in Book 2 of Maps, page 42, records of said County, described as fo 11 ows : A T T A C H MEN T B-3 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 90-12 TITLE LEGAL DESCRIPTIONS PARCEL NO. DESCRIPTION BEGINNING at a point on the South line of said Lot 2, 815.15 feet West of an iron stake recognized as the common corner of Sections 13, 14, 23 and 24, in said Township and Range; thence Northerly at an angle of 910 44' with this line, 716 feet; thence West 505 feet to the West line of said Lot 2; thence North along said West line 730 feet to the true point of beginning; thence continuing North along the West line of said Lot 2, 150 feet; thence East 505 feet to the west line of the parcel of land conveyed by D. J. Carpenter and wife, to W. S. Hooper by Deed recorded in Book 482 of deeds, page 361; thence South along said West line, 150 feet; thence West 505 feet to the point of beginning. EXCEPTING THEREFROM the east 20 feet for road purposes. Parcel No.6 An easement for the use, maintenance, operation and repair of a water line and a power line over property described as follows: That portion of Lot 2, HANCOCK SURVEY of Part of Muscupiabe Rancho, Township 1 North, Range 4 West, SAN BERNARDINO BASE AND MERIDIAN, according to Government Survey, as per plat recorded in Book 2 of Maps, page 42, records of said County, described as follows: BEGINNING at a point on the South line of said Lot 2, 815.15 feet West of an iron stake recognized as the common corner of Sections 13, 14, 23 and 24, in said Township and Range; thence Northerly at an angle of 910 44' with this line, 716 feet; thence West 505 feet to the West line of said Lot 2; thence North along said West line 730 feet to the true point of beginning; thence continuing North alon9 the West line of said Lot 2, 150 feet; thence East 505 feet to the west line of the parcel of land conveyed by D. J. Carpenter and wife, to W. S. Hooper by Deed recorded in Book 482 of deeds, page 361; thence South along .s~id West line, 150 feet; thence West 505 feet to the point of beginning. EXCEPTING THEREFROM the east 20 feet for road purposes. 270-142-03 County of San Bernardino, State of California The South 150 feet of the following described property: That portion of Lot 2 of HANCOCK SURVEY of Part of Muscupiabe Rancho, Township 1 North, Range 4 West, SAN BERNARDINO BASE AND MERIDIAN, as per plat recorded in Book 2 of Maps, page 42, records A T T A C H MEN T B-4 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 90-12 TITLE LEGAL DESCRIPTIONS PARCEL NO. DESCRIPTION of said County, described as follows: BEGINNING at a point on the South line of said Lot 2, 815.15 feet West of an iron stake recognized as the common corner of Sections 13, 14, 23 and 24, in said Towhship and Range; thence Northerly at an angle of 910 44' with this line 716 feet; thence West 505 feet to the West line of said Lot 2; thence North along said west line 730 feet to the true point of beginning; thence continuing North along the West line of said Lot 2 to the North line of the Muscupiabe Rancho to the west line of the parcel conveyed to D. J. Carpenter and wife, to W. S. Hooper by Deed recorded in Book-482, of Deeds, page 361; thence South along the west line of said parcel conveyed to said W. S. Hooper to a point on the Easterly extension of the Northerly line of the parcel conveyed to Lyman G. Marshall and wife, to John L. Lillian and wife, by Deed recorded November 29, 1946, as Document No. 56; thence West along said northerly line and the Easterly extension thereof 505 feet to the point of beginning. 270-142-04 County of San Bernardino, State of California That portion of Lot 2, of HANCOCK'S SURVEY, of part of Muscupiabe Rancho, Township 1 North, Range 4 West, SAN BERNARDINO BASE AND MERIDIAN, as per map recorded in Book 2, Page 42, of Maps, in the office of the County Recorder of said County, described as follows: BEGINNING at a point on the South line of said Lot 2, 815.15 feet West of an iron stake recognized as common corners of Sections 13, 14, 23 and 24, in said Township and Range; thence Northerly at an angle of 910 44' with this line 716 feet; thence West 505 feet to the West line of said Lot 2; thence North along said West line 630 feet to the true point of beginning of boundary of parcel of land described herein; thence continuing North along said West line, 100 feet; thence East 505 feet; to the West line of parcel of land conveyed by D. J. Carpenter, et ux to W. S. Hooper by Deed recorded in Book 482 page 361 of Deeds, Official Records of said County; thence South along said West line 100 feet more or less to a point in the Easterly extension of land conveyed to John Doe Evans, et ux, recorded in Book 148 page 42; thence West 505 feet to the true point of beginning. EXCEPTING therefrom the East 20 feet thereof for road purposes. A T T A C H MEN T B-5 j CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 90-12 TITLE LEGAL DESCRIPTIONS PARCEL NO. 270-142-09 DESCR I PTION County of San Bernardino, State of California That portion of Lot 2 of part of Muscupiabe Rancho being in Township 1 North, Range 4 West, San Bernardino Base and Meridian, as per plat recorded in Book 2 of Maps, Page 42, records of said County, described as follows: BEGINNING at a point on the South line of said Lot 2, 815.15 feet West of an iron stake recognized as the common corners of Sections 13, 14, 23 and 24, in said Township and Range; thence Northerly at an angle of 910 44' with this line 716 feet; thence 505 feet to the West line of said Lot 2 being the true point of beginning; thence North along the West line of said Lot 265 feet; thence East 505 feet to the West line of a parcel conveyed by D. J. Carpenter and wife to W. S. Hooper by deed recorded in Book 482 of Deeds, page 361 of Deeds; thence South along the West line of said parcel as conveyed to W. S. Hooper to a point 716 feet North of the Southline of said Lot 2; thence West to the point of beginning. 270-142-16 EXCEPTING THEREFROM the East 20 feet thereof for road purposes. That portion of Lot 2 Hancock Survey, of Part of Muscupiabe Rancho, lying in Township 1 North, Range 4 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California as per plat recorded in Book 2 of Maps, page 42, records of said County, described as follows: Beginning at a point on the south line of said Lot 2, 815.15 feet west of an iron stake recognized as the common corners of Sections 13, 14, 23 and 24, in said Township and Range, thence northerly at an angle of 910 44' with this line 716 feet; thence west 505 feet to the west line of said Lot 2; thence north along said west line 380 feet to the true point of beginning; thence continuing north along said west line 250 feet; thence east 505 feet to the west line of the parcel of land conveyed by D. J. Carpenter and wife to W. S. Hooper by deed recorded in Book 482, page 361, Official Records; thence south along said west line 250 feet more or less, to a linewhich bears east from the true point of beginning; thence west 505 feet to the true point of beginning. EXCEPTING therefrom the east 20 feet for road purposes. Said property is also shown on Licensed Land Surveyors Map, recorded in Book 1, page 24, Records of Survey of said County. A T T A C H MEN T B-6 CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 90-12 TITLE LEGAL DESCRIPTIONS PARCEL NO. DESCRIPTION APN 270-142-16 270-142-17 (More commonly known as 4360 David Way, San Bernardino, CA) The North 115 feet of that portion of Lot 2, of Hancock's Survey, of part of Muscupiabe Rancho, lying in Towhship 1 North, Range 4 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, page 42, Records of said County, described as follows: Beginning at a point on the south line of said Lot 2, 815.15 feet West of an iron stake recognized as the common corner of Sections 13, 14, 23, and 24, in said Township and Range; thence northerly at an angle of 91 Deg. 44' with this line 716 feet; thence west 505 feet to the west line of said Lot 2, the point of commencement of the parcel herein conveyed; running thence north along the west line of said Lot 2, 380 feet; thence east 505 feet to the west line of the parcel conveyed by D.J. Carpenter, and wife, to W. S. Hooper, by deed recorded in Book 482, of Deeds, Page 361; thence south along the west line of said parcel conveyed to said W. S. Hooper to a point 716 feet north of the south line of said Lot 2; thence west to point of beginning of the parcel herein- described. Except therefrom the east 20 feet thereof for road purposes. Excepting therefrom, a 1/2 interest in the well located approximately 175 feet east and 60 feet South of the northeast corner of said property. (Commonly known and referred to as 4296 David Way, San Bernardino, California) APN: 270-142-17 A T T A C H MEN T B-7 j