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HomeMy WebLinkAbout1991-492 1 2 3 4 . Resolution No. 91-492 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO 91-15 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 5 THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals 7 (a) The General Plan for the City of San Bernardino 8 was adopted by the Mayor and Common Council by Resolution 9 No. 89-159 on June 2, 1989. 10 (b) General Plan Amendment No 91-15 to the General 11 Plan of the City of San Bernardino was considered by the 12 Planning Commission on November 6, 1991, after a noticed 13 public hearing, Planning Commission's and the 14 recommendation of approval has been considered by the 15 Mayor and Common Council. 16 17 18 19 (c) An Initial study was prepared on september 16, 1991, and reviewed by the Environmental Review Committee and the Planning commission who both determined that General Plan Amendment No. 91-15 would not have a 20 significant effect on the environment and therefore, 21 recommended that a Negative Declaration be adopted. 22 23 24 25 26 27 28 (d) The proposed Negative Declaration received a 21 day public review period from October 10, 1991 through October 30, 1991 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 (CEQA) and local regulations. IIII 1 1 2 (e) The Mayor and Common Council held a noticed 3 pUblic hearing and fully reviewed and considered proposed 4 General Plan Amendment No. 91-15 and the Planning 5 Division staff Report on December 2, 1991. 6 (f) The adoption of General Plan Amendment No. 91- 7 15 is deemed in the interest of the orderly development 8 of the city and is consistent with the goals, objectives 9 and policies of the existing General Plan. 10 SECTION 2. Neqative Declaration 11 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED 12 by the Mayor and Common Council that the proposed 13 amendment to the General Plan of the City of San 14 Bernardino will have no significant effect on the 15 environment, and the Negative Declaration heretofore 16 prepared by the Environmental Review Committee as to the 17 effect of this proposed amendment is hereby ratified, 18 affirmed and adopted. 19 SECTION 3. Findinqs 20 BE IT FURTHER RESOLVED by the Mayor and Common 21 Council of the City of San Bernardino that: 22 A. The change of designation from CN, Commercial 23 Neighborhood to CG-l, Commercial General on 0.60 24 acres located on the southeast corner of Del Rosa 25 Avenue and Eureka Street for the proposed amendment 26 will change the land use map only and is not in 27 conflict with the goals, objectives and policies of 28 IIII 2 1 2 the General Plan. 3 B. The proposed amendment will not be detrimental to 4 the public interest, health, safety, convenience, 5 or welfare of the city. 6 C. All public services are available to the study area. 7 Any development permissible under the CG-1, 8 commercial General designation proposed by this 9 amendment would not impact on such services. 10 D. The proposed amendment is to redesignate 0.60 acres 11 to CG-1, Commercial General. No housing stock will 12 be affected. 13 E. The amendment site is physically suitable for the 14 requested land use designation. Anticipated future 15 land use has been analyzed in the Initial study and 16 it has been determined that project specific 17 mitigation measures will be sufficient to eliminate 18 any environmental impacts. 19 SECTION 4. Amendment 20 BE IT FURTHER RESOLVED by the Mayor and Common 21 council that: 22 A. The Land Use Plan of the General Plan of the City 23 of San Bernardino is amended by changing 24 approximately 0.60 acres from CN, Commercial 25 Neighborhood to CG-1, Commercial General. This 26 amendment is designated as General Plan Amendment 27 No. 91-15 and its location is outlined on the maps 28 IIII 3 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 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. 91-15 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. SECTION 6. Notice of Determination The Planning Division is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino certifying the City's compliance with CEQA in preparing the Negative Declaration. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 4 1 RESOLUTION. . ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT 2 NO. 91-15 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting therefore, reaular held on the , 1991, by the 2nd day of np~pmhpr following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENl' ESTRADA x REILLY x - HERNANDEZ x - MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x The foregoing !(OJiJudl KW4'YU1LL61 x;ht1ci;a.- th;rl)fIC > City Clerk --r Wputxr resolution is hereby approved this /.- 5th day of Decpmher , 1991. ~/~1 /7 ~,.- ./' / >' y. / / ./ ,../ ,/ Approved as to form and legal content: JAMES F. PENMAN, City~Attorney II ) By: J:tt-~-? j J1.~~ o ' 5 "ll ~ ~ II - ~ in o '" J" ~ tIl ;" ~ UI .~ .. , .l> ea ea . ea ,ea -~ ca' ID -g- ... -Ql r- a till> OUl OUl .... UI -UI 010 01" "i ~;: co .'" o ,,~'..~~ .. - >Oi- . ~ \"~~ " ~t. ~~ J ' _.:- ~MouNrAIN l1~ @ ]~ ] ~ ~ :1:..... 1 ~.... It- . ' _J_ DeL ""'-ROSA AveNue ~ -,- ! ' , '~_ ~~N:'[ - , , , .. ,.1\;1" :'\ .' ,,~~ I- r-: ~ - r @ _ -- G .. .O~-8; 1Il : ~@) dO'~ .... .. n n n o"'~ :II @ '" '"':t). . otll '" "/_. .... l\) @ -.... i <A ::J --- Q)bo~ ;; I " . ... Q. @ L z j ~~~. - 0 C> () - "" G') , -'- ~ @ CITY OF SAN BERNARDINO GPA 91-15 ::-.. ~ AveNue ',--,- 1CO 7ISI '-"J>S .. e: I; ~ '" c: ~ ~ is :. .. " ~q I. . I -i ~ . w " 1 CID n - SCi) .:.... o c:: CD ~ Q (") - '-/.~, dJ :0. @ .. .. o ~~ ~ ~ Q ~ lZlCD , !" . ~@ ~ 1138 -i I .. , " . , ~ #S" II T."..... ! ~ I..' @ ;; .. .. is G~ .. .. " n " @ - '-- @~ ... ~ e Cl " @ii!! . @ I.... ;.. @j@, .r , ATTACHMENT A ---'~-- 1 - 01 <.11 . . CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 91-15 TITLE Legal Description Parcels Descriotion 155-102-12 THE WEST 100 FEET OF THAT PORTION OF LOT 1, BLOCK 22, ACCORDING TO THE MAP OF THE ORANGE GROVE TRACT, WEST HIGHLANDS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 14, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MOUNTAIN AVENUE (NOW DEL ROSA AVENUE) 695 2/10TH FEET NORTH ALONG SAID CENTER LINE OF SAID MOUNTAIN AVENUE FROM THE CENTER LINE OF LEMON STREET: THENCE EAST 440 FEET OF THE EAST LINE OF SAID LOT 1: THENCE NORTH ALONG SAID EAST LINE OF SAID LOT 1 TO THE CENTER LINE OF EUREKA STREET: THENCE WEST ALONG THE CENTER LINE OF SAID EUREKA STREET TO THE INTERSECTION OF SAID CENTER LINE OF SAID MOUNTAIN AVENUE: THENCE SOUTH TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EAST 165 FEET THEREOF. ALSO EXCEPTING THEREFROM THE SOUTH 15 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, IN DEED RECORDED FEBRUARY 2, 1951 IN BOOK 2712, PAGE 267, OFFICIAL RECORDS. FURTHER EXCEPTING THEREFROM THOSE PORTIONS OF SAID PREMISES LYING WITHIN STREETS OR HIGHWAYS. NOTE: MOUNTAIN AVENUE AS MENTIONED IN THE ABOVE DESCRIPTION IS NOW KNOWN AS DEL ROSA AVENUE. LEMON STREET IS NOW KNOWN AS MARSHALL BOULEVARD. ATTACHMENT B ....