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RESOLUTION NO. 2005-359
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS,
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING
PLAN, CERTIFYING THE TRAFFIC IMPACT ANALYSIS, ADOPTING
SPECIFIC PLAN AMENDMENT NO. 05-01 AND GENERAL PLAN
AMENDMENT NO. 05-08 FOR THE STATER BROS. MARKETS
DISTRIBUTION CENTER.
SECTION I. RECITALS
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12 June 2, 1989; and
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14 the former Norton Air Force Base; and
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Plan Amendment No. 95-03 to designate the airport portion of former Norton A.F.B. as
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"A" Airport; and
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20 Environmental Impact Report (1996 FEIR), adopted Facts, Findings, and Statement of
21 Considerations, adopted a Mitigation Monitoring and Reporting Plan, and adopted
22 General Plan Amendment No. 95-03 and Specific Plan No. 95-01, the San Bernardino
23 International Trade Center Specific Plan, for the non-airport portions of former Norton
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A.F.B.; and
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(a)
WHEREAS, the Mayor and Common Council of the City of San
Bernardino ("City") adopted the General Plan for the City by Resolution No. 89-159 on
(b)
WHEREAS, the General Plan recognized the importance of redeveloping
(c)
WHEREAS, in 1995, the Mayor and Common Council adopted General
(d)
WHEREAS, in 1996, the Mayor and Common Council certified a Final
(e)
WHEREAS, Tom Dodson and Associates, on behalf of the City, prepared
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27 an Initial Study for the proposed Stater Bros. Markets Distribution Center Project
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("Project") and other entitlement actions; and
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(f) WHEREAS, on March 24, 2005, the Environmental Review Committee
determined that the Stater Bros. Market Distribution Project could have significant
effects on the environment, beyond those impacts identified in the 1996 FEIR, and thus
warranted the preparation of a Subsequent Environmental Impact Report pursuant to the
California Environmental Quality Act (CEQA); and
(f) WHEREAS, the Notice of Intent of the City to prepare a Draft
Subsequent Environmental Impact Report was made known to the public, responsible
agencies and other interested persons for their concerns and comments from March 29,
2005 through April 30, 2005 as required by CEQA; and
(g) WHEREAS, on April 7, 2005 the City Held a public scoping meeting to
solicit public comments on the preparation of the Draft Subsequent EIR; and
(h) WHEREAS, a Draft Subsequent EIR was distributed for a 45-day public
review period from June 21, 2005 through August 4,2005; and
(i) WHEREAS, three comment letters were received before the close of the
public review period and written responses were provided on September 23, 2005 and
the specific responses to the written comments are in the Final Subsequent EIR; and
G) WHEREAS, on September 29, 2005 the Environmental Review
Committee determined that the Draft Subsequent EIR adequately addressed all potential
impacts and recommended certification of the Draft Subsequent EIR and Mitigation
Monitoring and Reporting Plan; and
(k) WHEREAS, on October 4,2005, the Planning Commission of the City of
San Bernardino held a noticed public hearing on the Stater Bros. Markets Distribution
Center Project and other entitlement actions in order to receive public testimony and
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written and oral comments relating to the Draft Subsequent EIR and proposed
amendments to the City General Plan in compliance with City requirements; and
(k) WHEREAS, the Planning Commission considered the Development
Services Department Staff Report on October 4, 2005, which addresses the Draft
Subsequent EIR and the proposed Stater Bros. Markets Distribution Center Project and
other entitlement actions; and
(1) WHEREAS, the Planning Commission, after receiving public testimony,
recommended that the Mayor and Common Council adopt the Facts, Findings and
Statement of Overriding Considerations, certify the Final Subsequent Environmental
Impact Report (SCH# 2005041008), adopt the Mitigation Monitoring and Reporting
Plan, certify the Traffic Impact Analysis, adopt General Plan Amendment No. 05-08,
adopt Specific Plan Amendment No. 05-01, approve Development Permit II No. 05-49,
and approve Tentative Parcel Map No. 17235; and
(m) WHEREAS, on November 3, 1993 the San Bernardino Associated
Governments adopted the Congestion Management Program (CMP) pursuant to
California Government Code Section 65809.3(a) which required the county and cities to
adopt and implement "a program to analyze the impacts of land use decisions, including
an estimate of the costs associated with mitigating these impacts" on the CMP network
of roadways; and
(n) WHEREAS, the Mayor and Common Council adopted a Land
Use/Transportation Analysis Program for the City pursuant to the CMP for the City of
San Bernardino by Resolution No. 93-74 on March 22, 1993; and
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(0) WHEREAS, the City determined that the Project exceeded the scope of
the 1996 TIA and thus warranted the preparation of an updated TIA pursuant to the
Congestion Management Program; and
(P) WHEREAS, a Draft TIA was prepared to address the traffic impacts of
the Project on designated CMP roadways and freeways, the appropriate mitigation
measures, and fair share contribution toward CMP roadway and freeway improvements;
(q) WHEREAS, the Draft TIA was made available to the various regional
and sub-regional agencies and to the adjacent jurisdiction for their review during a 21-
day review period which began on July 28, 2005 and ended on August 19, 2005 as
required by the CMP; and
(r)
WHEREAS, verbal and written comments were received on the Draft
TIA and responded to via changes to the Draft TIA; and
(s) WHEREAS, the Mayor and Common Council conducted a noticed public
hearing on October 17, 2005, and fully reviewed and considered the Draft Subsequent
EIR, Final Subsequent EIR, the Mitigation Monitoring and Reporting Plan, the Facts,
Findings and Statement of Overriding Considerations, the Draft TIA, the Planning
Division staff reports, and the recommendation of the Planning Commission.
The facts and information contained in the Recitals section are true and
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Distribution Center Project, including General Plan Amendment No. 05-08, Specific Plan
Amendment No. 05-01, Development Permit IT No. 05-49, and Tentative Parcel Map No.
17235 have been completed in compliance with the California Environmental Quality
Act. Attached to this Resolution as Exhibit A, and incorporated herein by reference, is the
Final Subsequent EIR which consists of the Draft Subsequent EIR (which includes a list
of persons, organizations and public agencies commenting on the Draft Subsequent EIR),
the comments received on the Draft Subsequent EIR either verbatim or in summary, and
responses to those comments.
B. The Final Subsequent EIR was presented to the Mayor and Common
Council who have reviewed and considered the information in the Final Subsequent EIR
prior to its certification and prior to its adoption of General Plan Amendment No. 05-08,
Specific Plan Amendment No. 05-01, and other entitlement actions.
C. The Final Subsequent EIR has identified all significant environmental
effects of the Stater Bros. Markets Distribution Center and other entitlement actions.
D. Although the Final Subsequent EIR identifies certain significant
environmental effects that would result if the Stater Bros. Markets Distribution Center
Project occurs, all significant effects that can feasibly be avoided or mitigated will be
avoided or mitigated by the implementation of the mitigation measures as set forth in the
Mitigation Monitoring and Reporting Plan for the Final Subsequent EIR. The Mitigation
Monitoring and Reporting Plan and all information contained therein is attached to this
Resolution as Exhibit B and incorporated herein by reference.
E. Potential mitigation measures and other project alternatives not
incorporated into or adopted as part of the Stater Bros. Markets Distribution Center
Project and other entitlements, were rejected as infeasible, based on specific economic,
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social, or other considerations as set forth in the Facts, Findings and Statement of
Overriding Considerations, attached to this Resolution as Exhibit C and incorporated
herein by reference.
F. The Mayor and Common Council have given great weight to the
significant unavoidable adverse environmental impacts. The Mayor and Common
Council find that the significant unavoidable adverse environmental impacts are clearly
outweighed by the economic, social, cultural, and other benefits of the Stater Bros.
Distribution, Center Project, General Plan Amendment No. 05-08, Specific Plan
Amendment No. 05-01, and other entitlement actions, as set forth in the Facts, Findings
and Statement of Overriding Consideration.
G. The findings contained in the Facts, Findings and Statement of Overriding
Consideration with respect to the significant impacts identified in the Final Subsequent
EIR are true and correct, and are based upon substantial evidence in the record, including
documents comprising the Final Subsequent EIR.
H. The Final Subsequent Environmental Impact Report, Mitigation
Monitoring and Reporting Plan, and the Facts, Findings and Statement of Overriding
Consideration reflect the independent review, analysis and judgment of the Mayor and
Common Council of the City of San Bernardino.
SECTION III. GENERAL PLAN AND SPECIFIC PLAN FINDINGS
A. The proposed amendments are consistent with the General Plan and San
Bernardino International Trade Center Specific Plan. Goal 1 of the SBITC SP states:
"Replace lost jobs with new job generating uses and quality projects." Goal 2 states:
"Integrate the Norton Air Force Base site back into the physical structure of the
community. "
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Adoption of the amendments to the General Plan and SBITC SP allow the
proposed Stater Bros. Markets Corporate Offices and Distribution Center to proceed.
The consolidation of the various Stater Bros. facilities at this location not only retains
local jobs, but also provides opportunities for new jobs as the company continues to
grow.
B. The proposed amendments will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The Initial Study and the Subsequent
EIR analyzed potential impacts related to the proposed amendments and determined that
there were no impacts directly related to the General Plan and/or Specific Plan
Amendments that could not be mitigated to a level ofless than significant.
SECTION IV. TRAFFIC IMPACT ANALYSIS
A. The TIA for the Stater Bros. Distribution Center Project has been
completed in compliance with the regional CMP and the City's Land Use/Transportation
Analysis Program and found to be consistent with the regional Congestion Transportation
Plan model. The TIA and all the evidence and information contained therein is attached
hereto as Exhibit D and incorporated herein by reference.
SECTION V. CERTIFICATION OF THE SUBSEOUENT ENVIRONMENTAL
IMPACT REPORT
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council of the City of San Bernardino that the Final Subsequent
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Environmental Impact Report (SCH #2005041008) is hereby certified, the Facts,
Findings and Statement of Overriding Considerations are hereby adopted, and the
Mitigation Monitoring and Reporting Plan is hereby adopted.
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SECTION VI. CERTIFICATION OF THE TRAFFIC IMPACT ANALYSIS REPORT
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the Traffic Impact Analysis (TIA) for the Project is
certified.
In accordance with the provisions of this Resolution, the Planning Division is
hereby directed to file a Notice of Determination with the County of San Bernardino
Clerk of the Board of Supervisors certifying the City's compliance with the California
Environmental Quality Act in preparing and adopting the Final Subsequent
Environmental Impact Report, the Facts, Findings and Statement of Overriding
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Consideration, and the Mitigation Monitoring and Reporting Plan. A copy of the Notice
of Determination will be forwarded to the State Clearinghouse.
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RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ETC. FOR THE
STATER BROS. MARKETS DISTRIBUTION CENTER.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held
on the 17th day of October
,2005, by the following vote to wit:
Abstain
Absent
Council Members:
Ayes Navs
x
x
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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to form and Legal Content:
The foregoing resolution is hereby approved this Itl/. day 0
2005.
li1 es, Mayor
of San Bernardino
By:
es F. Penman
ity Attorney
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