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Home My WebLink About2005-358 ~ I . --W'_'~ ", 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO RE-ADOPTING 3 GENERAL PLAN AMENDMENT NO. 05-09 TO THE GENERAL PLAN OF THE CITY 4 OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM RL, RESIDENTIAL LOW, TO CG-3, COMMERCIAL 5 GENERAL UNIVERSITY VILLAG~ FOR 7.6 ACRES LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY PARKWAY AND NORTHPARK 6 BOULEVARD, AND REPEALING RESOLUTION NO. 2005-315. 7 RESOLUTION NO. 2005-358 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 8 SAN BERNARDINO AS FOLLOWS: 9 10 11 12 13 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. 05-09, to amend the General Plan land use designation from RL, Residential Low, to CG-3, Commercial General University Village for 14 15 7.6 acres located at the northwest comer of University Parkway and Northpark Boulevard, was 16 considered by the Planning Commission on July 19, 2005, after a noticed public hearing. The 17 Planning Commission's unanimous vote on a motion to recommend approval of the General Plan 18 Amendment has been considered by the Mayor and Common Council. 19 20 21 (c) WHEREAS, General Plan Amendment No. 05-09 was reviewed under the California Environmental Quality Act (CEQA) through an Initial Study which found no significant adverse 22 effects on the environment after incorporation of mitigation measures. 23 (d) WHEREAS, the Mitigated Negative Declaration pursuant to CEQA has been 24 reviewed by the Planning Commission and the Mayor and Common Council in compliance with 25 the California Environmental Quality Act (CEQA) and local regulations. 26 27 28 (e) WHEREAS, the Mayor and Common Council held a noticed public hearing and adopted Resolution No. 2005-315 which approved General Plan Amendment No. 05-09. 1 2005-358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Mayor and Common Council that the proposed amendment to the General Plan of the City of 17 San Bernardino will have no significant adverse effect on the environment with incorporation 18 19 20 21 22 23 24 25 26 A. 27 28 (t) WHEREAS, the Mayor and common Council wish to reconsider General Plan Amendment No. 05-09 because Resolution No. 2005-315 incorrectly stated the affected acreage of General Plan Amendment No. 05-09 as "5.4 acres" instead of "7.6 acres." (g) WHEREAS, the.Mayor and Common Council held a re-noticed public hearing and fully re-reviewed and reconsidered proposed General Plan Amendment No. 05-09 and the Planning Commission and Environmental Review Committee actions and Planning Division Staff Report on October 17, 2005. (h) WHEREAS, the re-adoption of General Plan Amendment No. 05-09 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. Mitigated Negative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the of the proposed mitigation measures, and the Mitigated. Negative Declaration heretofore accepted by the Environmental Review Committee as to the effect of this proposed amendment is hereby re-ratified, re-affrrmed and re-adopted. SECTION 3. Findings BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernardino that: The proposed amendment is internally consistent with the General Plan in that it meets General Plan Objective 1.23 in that it would permit the development of commercial uses to meet the needs of students, faculty, and visitors. 2 1 B. 2 3 4 5 6 7 8 C. 9 10 11 12 13 14 D. 15 16 17 18 19 20 21 22 A. 23 24 25 26 27 28 2005-358 The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it the site will allow uses that would provide the added convenience of goods and services in the developing University Parkway corridor. Furthermore, all commercial projects will be required to comply with all applicable provisions of the Development Code and the mitigation measures within the Mitigation Monitoring/Reporting Program. 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-3, Commercial General University Village land use district and is consistent with General Plan Objective 1.23. The General Plan Amendment does not adversely impact the balance ofland 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 RL, Residential Low, to CG-3, Commercial General University Village for 7.6 acres located the northwest comer of University Parkway and Northpark Boulevard. This amendment is designated as General Plan Amendment No. 05-09 and its location is outlined on the map entitled Attachment A, and 3 -~. - --.-., 2005-358 .' 1 2 3 4 B. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ,-" " "..).."'7...."-""'.c.~"...-......~~_"'~c,~~...~~.~,,.'"..".."r.T.." .",,':C:-'"':.l. "';[ listed in Attachment B, copies of which are attached and incorporated herein for reference. General Plan Amendment No. 05-09 shall become effective immediately upon adoption of this resolution. SECTION 5. MaD Notation This resolution and the amendment affected by it shall be noted on such appropriate , General Plan maps 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 California Environmental Quality Act in preparing the Initial StudylMitigated Negative Declaration. SECTION 7. Resolution No. 2005-315 is hereby repealed. III III 4 '~,,-,--~, ..... ",<,.-.. ,"",''''-'",-~'''"'''~$7''.= ~,,,,,,""Y"'1;C""<iF:'.."-'Wf."~"""'''.- 2005-358 1 RESOLUTION OF THE CITY OF SAN BERNARDINO RE-ADOPTING 2 GENERAL PLAN AMENDMENT NO. 05-09 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE 3 DESIGNATIONS FROM RL, RESIDENTIAL LOW, TO CG-3, COMMERCIAL 4 GENERAL UNIVERSITY VILLAGE, FOR 7.6 ACRES LOCATED AT THE NQRTHWEST CORNER OF UNIVERSITY PARKWAY AND NORTHPARK 5 BOULEVARD, AND REPEALING RESOLUTION NO. 2005-315. 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a 9 10 11 meeting thereof, joint regular held on the 17 th day of Oc tober , 2005, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA x 12 13 14 LONGVILLE x MCGINNIS x 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 x x x x 21 22 23 a~ ,6.~~ City'elerk The foregoing resolution is hereby approved this ~ 24 Approved as to form 25 and legal content: 26 ,2005. JAMES F. PENMAN 27 City 28 5 - ~ ---~ _"~w,_.,,, r'>~ ~. ~~" ~ ..~ 'iT :: ~ , - ----- .- I . . J I - - I I.' I 1- . I I I i! I · I !fY I .II ~1i I,! 'Fi . III t 1&~.ifil~iliJ!i. Q)li~i I I i I I I I I, I' . . -'- - , --~ II ----.....-----..---. ---- _~,,~"w'~-~c_.,~ " A IT ACHMENT B "Le2al DescriDtion" A portion of Parcel 3 of Parcel Map No, 16307, filed in Book 200 of Parcel Maps Pages 70 - 76, October 17,2003, in the Office of County Recorder of the County of San Bernardino,