HomeMy WebLinkAbout2005-110
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RESOLUTION NO. 2005-110
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING
GENERAL PLAN AMENDMENT NO. 04-05 TO THE GENERAL PLAN OF THE
CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE
DESIGNATION FROM CG-2, COMMERCIAL GENERAL, TO CH,
COMMERCIAL HEAVY, FOR ONE PARCEL LOCATED ON THE NORTH
SIDE OF BASELINE STREET, APPROXIMATELY 162 FEET EAST OF
GARNER STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals
(a) WHEREAS, 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) WHEREAS, General Plan Amendment No. 04-05 was considered by the
Planning Commission on February 23, 2005, at a noticed public hearing, and the
Planning Commission's recommendation of approval has been considered by the Mayor
and Common Council.
(c) WHEREAS, General Plan Amendment No. 04-05 together with the associated
Development Permit III (DPIII No. 04-28) was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301, Minor Alterations to
Existing Facilities, and would not have a significant effect on the environment.
(d) WHEREAS, the exemption from CEQA has been reviewed by the Planning
Commission and the Mayor and Common Council in compliance with the California
Environmental Quality Act (CEQA) and local regulations.
(e) WHEREAS, the Planning Commission conducted a noticed public hearing on
February 23, 2005, in order to receive public testimony and written and oral comments on
General Plan Amendment No. 04-05 (a proposal to change the General Plan Land Use
Designation from CG-2, Commercial General, to CH, Commercial Heavy for one parcel
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located on the north side of Baseline Street, approximately 162 feet east of Garner Street
and fully reviewed and considered the Planning Division Staff Report and the
recommendation of the Environmental Review Committee.
(t) WHEREAS, the Mayor and Common Council held a noticed public hearing
and fully reviewed and considered proposed General Plan Amendment No. 04-05 and the
Planning Commission and Environmental Review Committee recommendations and
Planning Division Staff Report on May 2,2005.
(g) WHEREAS, the adoption of General Plan Amendment No. 04-05 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. ExemDtion
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
exemption heretofore prepared by the Environmental Review Committee as to the effect
ofthis proposed amendment is hereby ratified, affirmed and adopted.
SECTION 3. Findings
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City
of San Bernardino that:
A. The proposed amendment is internally consistent with the General Plan in that it
meets General Plan Goal 1 G, in that it would allow for the expansion of an
existing commercial facility to serve the local and regional public.
B. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that any commercial property
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development will be required to comply with all applicable provisions of the
Development Code.
The proposed amendment would not impact the balance of land uses within the
City in that the proposed property is adjacent to other commercial uses in the CG-
2 and CH land use districts and is consistent with General Plan Policy IG. The
General Plan Amendment does not adversely impact the balance of land uses
within the City.
In the case of an amendment to the General Plan Land Use Map, the subject
parcel(s) is physically suitable (including, but not limited to access, provision of
utilities, compatibility with adjoining land uses, and absence of physical
constraints) for the requested land use designation(s) and the anticipated land use
development(s) in that all required utilities and public services can adequately
serve the site.
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 the land use designation from CG-2, Commercial General, to CH,
Commercial Heavy, for one parcel located on the north side of Baseline Street,
approximately 162 feet east of Gamer Street. This amendment is designated as
General Plan Amendment No. 04-05 and its location is outlined on the map
entitled Exhibit A, and further described in Exhibit B, copies of which are
attached and incorporated herein for reference.
General Plan Amendment No. 04-05 shall become effective immediately upon
adoption of this resolution.
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SECTION 5. Map Notation
This resolution and the amendment affected by it shall be noted on such
appropriate General Plan maps as having 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 Exemption
The Planning Division is hereby directed to file a Notice of Exemption with the
County Clerk of the County of San Bernardino certifying the City's compliance
with California Environmental Quality Act in preparing the Exemption.
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III
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RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 04-05
2 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND
THE GENERAL PLAN LAND USE DESIGNATION FROM CG-2,
3 COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR ONE
4 PARCEL LOCATED ON THE NORTH SIDE OF BASELINE STREET,
APPROXIMATELY 162 FEET EAST OF GARNER STREET.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a joint rpg"'~r
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8 meeting thereof, held on the 2nd day of
May
, 2005, by the following
9 vote, to wit:
10 Council Members
11 ESTRADA
12 LONGVILLE
13
MCGINNIS
14
15 DERRY
16 KELLEY
17 JOHNSON
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
18 MC CAMMACK
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x
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22 2005.
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24
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The foregoing resolution is hereby approved this ttIL
May
TH VALLES, Mayor
City of San Bernardino
25 Approved as to form
26 and legal content:
27 JAMES F. PENMAN
City Attorney
28 BYJA- ~.tL--
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EXHIBIT A
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EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California,
described as follows:
THAT PORTION OF lOT 5, BLOCK S3, RANCHO SAN BERNARDINO, IN THE cm OF SAN
BERNARDINO, COUNlY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNlY RECORDER OF SAID COUNlY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 9B1.7S FEET EAST OF THE SOUTHWEST CORNER OF SAID lOT;
THENCE NORTH 225.5 FEET; THENCE EAST 60 FEET; THENCE SOUTH 225.5 FEET; THENCE
WEST TO THE POINT OF BEGINNING.
APN: 0144-201-28-0-000
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