HomeMy WebLinkAbout1991-491
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Resolution No.
91-491
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING
THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
ADOPTING GENERAL PLAN AMENDMENT NO 91-11 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
9 was adopted by the Mayor and Common Council by Resolution
10 No. 89-159 on June 2, 1989.
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(b) General Plan Amendment No 91-11 to the General
12 Plan of the City of San Bernardino was considered by the
13 Planning commission on November 6, 1991, after a noticed
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public
commission's
hearing,
the
Planning
and
15 recommendation of approval has been considered by the
16 Mayor and Common Council.
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(c) An Initial Study was prepared on July 5, 1991,
18 and reviewed by the Environmental Review Committee and
19 the Planning commission who both determined that General
20 Plan Amendment No. 91-11 would not have a significant
21 effect on the environment and therefore, recommended that
22 a Negative Declaration be adopted.
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(d) The proposed Negative Declaration received a
21 day public review period from September 19, 1991
through October 9, 1991 and all comments relative thereto
have been reviewed by the Planning commission and the
Mayor and Common Council in compliance with the
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2 California Environmental Quality Act (CEQA) and local
3 regulations.
4 (e) The Mayor and Common Council held a noticed
5 public hearing and fully reviewed and considered proposed
6 General Plan Amendment No. 91-11 and the Planning
7 Division Staff Report on December 2, 1991.
8 (f) The adoption of General Plan Amendment No. 91-
9 11 is deemed in the interest of the orderly development
10 of the City and is consistent with the goals, objectives
11 and policies of the existing General Plan.
12 SECTION 2. Neqative Declaration
13 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED
14 by the Mayor and Common Council that the proposed
15 amendment to the General Plan of the city of San
16 Bernardino will have no significant effect on the
17 environment, and the Negative Declaration heretofore
18 prepared by the Environmental Review Committee as to the
19 effect of this proposed amendment is hereby ratified,
20 affirmed and adopted.
21 SECTION 3. Findinqs
22 BE IT FURTHER RESOLVED by the Mayor and Common
23 Council of the City of San Bernardino that:
24 A. The change of designation from RL, Residential Low
25 to CG-l, Commercial General on approximately 9.34
26 acres located on the southeast corner of University
27 Parkway and the 1-215 Freeway for the proposed
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2 amendment will change the land use map only and is
3 not in conflict with the goals, objectives and
4 policies of the General Plan.
5 B. The proposed amendment will not be detrimental to
6 the public interest, health, safety, convenience,
7 or welfare of the City because the site will retain
8 the Hillside Management Overlay District designation
9 which contains specific policies and development
10 standards pertaining to the health and safety.
11 C. All public services are available to the study area.
12 Any development permissible under the CG-l,
13 Commercial General designation proposed by this
14 amendment would not impact on such services.
15 D. The proposed amendment is to redesignate
16 approximately 9.34 acres to CG-l, Commercial
17 General. No housing stock will be affected.
18 E. The amendment site is physically suitable for the
19 requested land use designation and future
20 development because the Hillside Management overlay
21 District policies and standards address access and
22 compatibility with adjoining land uses as well as
23 physical constraints.
24 F. The amendment site is physically suitable for the
25 requested land use designation. Anticipated future
26 land use has been analyzed in the Initial study and
27 it has been determined that project specific
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mitigation measures will be sufficient to eliminate
any environmental impacts.
SECTION 4. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common
Council that:
A. The Land Use Plan of the General Plan of the City
of San Bernardino is amended by changing
approximately 9.34 acres from RL, Residential Low
to CG-l, Commercial General. This amendment is
designated as General Plan Amendment No. 91-11 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.
B. General Plan Amendment No. 91-11 shall be effective
immediately upon adoption of this resolution.
SECTION 5. Map Notation
This resolution and the amendment affected by it
shall be noted on such appropriate General Plan maps as
have been previously adopted and approved by the Mayor
and Common Council and which are on file in the office
of the city Clerk.
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2 SECTION 6. Notice of Determination
3 The Planning Division is hereby directed to file a
4 Notice of Determination with the County Clerk of the
5 County of San Bernardino certifying the City's compliance
6 with CEQA in preparing the Negative Declaration.
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1 RESOLUTION.. ADOPTING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT
2 NO. 91-11 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO.
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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 Bernardino at a re91llar
meeting therefore,
held on the 2nd
, 1991, by the
day of J},:>C"'pmhPT
8 following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENI'
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM ~
MILLER y
The foregoing
--1P~eJt02.. /!0aJru if, brj;}Ml;, a.., NoLtr; )
ity Clerk (J U Wfu7z
resolution is hereby approved this ff-
5th
day of
Dp-cpmhPT
1991.
, ;?;:/~
Approved as to
form and legal content:
JAMES F. PENMAN,
city Attorney
Ua 7)
By: f ~ ) <;'>2--1/""-,'4,
/J
/
'~J'
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CITyEm- SAN BERK >\rOINO .. -
GENERAL PLAN AMENDMENT NO. 91.11
. TITLE ~ & LAND USE DESIGNATIONS
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EXHIBIT A
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CITY OF SAN BERNARDINO
GENERAL PLAN AMENDMENT NO. 91-11
TITLE
Legal Description
Parcels
DescriDtion
266-072-067
THAT PORTION OF THE RANCHO MUSCUPIABE, IN THE CITY
OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE.
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF
MAPS, PAGE 23, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SECTION 19,
TOWNSHIP 1 NORTH, RANGE 4 WEST, AS SAME WOULD BE
LOCATED IF THE GOVERNMENT SURVEY WERE EXTENDED
ACROSS SAID RANCHO: THENCE ALONG SAID EAST LINE,
SOUTH 0 DEG. 22' 22" EAST, 370.41 FEET: THENCE,
COURSE "A" SOUTH 81 DEG. 36' 53n WEST, 235.77 FEET:
THENCE, COURSE "B", NORTH 31 DEG. 28' 26" WEST,
426.35 FEET: THENCE COURSE nc", NORTH 1 DEG. 54' 2'"
WEST, 117.62 FEET: THENCE NORTH 20 DEG. 31' 42"
EAST, 302.96 FEET TO THE BEGINNING OF A TANGEM'l'
CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1,285
FEET: THENCE NORTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 12 DEG. 14' 14", AN ARC DISTANCE
OF 274.45 FEET TO THE EASTERLY LINE OF THAT CERTAIN
STRIP OF LAND,.60 FEET WIDE, NOW A PORTION OF STATE
COLLEGE PARKWAY, FORMERLY DEVILS CANYON ROAD, AS
CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT BY DEED RECORDED IN BOOK 1735, PAGE 358,
OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE: THENCE
NORTHERLY ALONG SAID EASTERLY LINE TO THE EAST LIME
OF SECTION 18, SAID TOWNSHIP AND RANGE: THENCE
SOUTHERLY ALONG SAID EAST LINE OF SECTION 18 TO THE
POINT OF BEGINNING.
TOGETHER WITH ALL GRANTOR'S LEASEHOLD INTERESTS AND
WATER RIGHTS RELATING TO AND WATER WELLS LOCATED ON
THE ABOVE DESCRIBED PARCELS.
EXCEPTING FROM PARCELS "1", "H-1", "H-2", "G-l", "G-
2", "J", "K", "L-l", "L-2" AND "L-3", THE FOLLOWING
DESCRIBED PARCEL AS RECORDED IN A DOCUMENT RECORDED
ON JULY 7, 1967, IN BOOK 6851, PAGE 554, OFFICIAL
RECORDS OF SAID COUNTY.
ATTACHMENT
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CITY OF SAN BERhARDINO
GENERAL PLAN AMENDMENT NO. 91-11
TITLE
lo....
Le~al Description
'l'HAT POR'l'ION OF THE SOUTHWEST 1/4 OF SECTION 16,
TOWNSHIP 1 NORTH, RANGE 4 WEST, IN THE RANCHO
MUSCUPIABE, AS PER PLAT RECORDED IN BOOK 7 OF MAPS,
PAGE 23, RECORDS OF SAID COUNTY, INCLUDED WITHIN A
STRIP OF LAND, 70 FEET WIDE, THE SOUTHWESTERLY LINE
OF WHICH STRIP IS A LINE PARALLEL WITH AND DISTANT
70.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES,
FROM THE CENTERLINE OF THAT CERTAIN STRIP OF LAND
THROUGH SAID SOUTHWEST 1/4, DESCRIBED IN DEED TO THE
COUNTY OF SAN BERNARDINO RECORDED NOVEMBER 12, 1926,
IN BOOK 156, PAGE 324, OFFICIAL RECORDS.
EXCEPT THOSE PORTIONS DESCRIBED IN SAID DEED TO THE
COUNTY OF SAN BERNARDINO AND IN DEED TO SAID COUNTY,
RECORDED NOVEMBER 13, 1925, IN BOOK 35, PAGE 267,
OFFICIAL RECORDS.
ATTACHMENT
B