HomeMy WebLinkAboutCDC/2004-25
; (See Companion Resolutions CDC/2004-26, 2004-265)
RESOLUTION NO. CDC/2004-25
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS,
AND MAKING FINDINGS THAT A FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION
MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT
DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF
THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT FULLY AND
ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL
EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH
REDEVELOPMENT PLAN AMENDMENTS
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WHEREAS, the Mayor and Common Council of the City of San Bernardino (the
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"Common Council") has previously taken certain actions in coordination with the Community
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Development Commission of the City of San Bernardino (the "Commission") as relates to a
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proposed reinstatement of the eminent domain powers of the Redevelopment Agency of the
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City of San Bernardino (the "Agency") within two (2) separate redevelopment project areas of
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the Agency known as: (i) the Uptown Redevelopment Project and (ii) the Central City North
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Redevelopment Project, in order that the Agency may undertake programs to eliminate and
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prevent the spread of blight in each of these redevelopment project areas; and
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WHEREAS, the Redevelopment Plan for the Central City North Redevelopment Project
(the "Central City North Redevelopment Plan") was approved by the Common Council
Ordinance No. 3366 in 1973, and the Redevelopment Plan for the Uptown Redevelopment
Project (the "Uptown Redevelopment Plan") was approved by Common Council Ordinance No.
MC-527 in 1986, and the condemnation powers of the Agency under the Central City North
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Redevelopment Plan expired in 1998 and the condemnation powers of the Agency under the
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Uptown Redevelopment Plan also expired in 1998; and
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WHEREAS, the City of San Bernardino (the "City") in consultation with the Agency,
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has also taken action to consider certain changes in the land use element of the City General
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Plan, as adopted by Common Council Resolution No. 89-15, in order to compliment the
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potential redevelopment and use of certain lands in a portion of the redevelopment project area
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of the Uptown Redevelopment Project (the "Uptown Project Area") referred to as "Uptown
Subarea B", and specifically within Uptown Subarea B the lands which are also affected by the
proposed changes in the land use element of the City General Plan are described as a two block
area bounded by 1-215 on the east, "K" Street on the west, 3rd Street on the north, and 2nd
Street on the south, and the potential vacation of "I" Street and Kendall Avenue within this two
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block area which such General Plan amendment also contemplates; and
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WHEREAS, the Common Council and the Commission have previously called upon the
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residents, property owners, businesses and community organizations within the Uptown Project
Area and the redevelopment project area of the Central City North Redevelopment Project (the
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"CCN Project Area") to form project area committees for each such redevelopment project area,
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in order for interested residents, business owners and property owners to consider the potential
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effect of the reinstatement of the Agency's power to acquire land within each such
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redevelopment project area and to submit a report and recommendation to the Common Council
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and the Commission relating to reinstatement of the eminent domain powers of the Agency in
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each such redevelopment project area and the implementation by the Agency of program to
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eliminate blight in each such redevelopment project area which programs may include the
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acquisition of property by the Agency using the power of eminent domain; and
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WHEREAS, during calendar year 2003, an Initial Study was prepared under the
provisions of the California Environmental Quality Act ("CEQA") which evaluated the
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potential effect on the environment of the reinstatement of the eminent domain powers of the
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Agency in the CCN Project Area and the Uptown Project Area and the potential effect on the
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environment of an amendment to the land use element of the City General Plan relating to a
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portion of Uptown Subarea B and the potential development of an Agency-sponsored
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redevelopment program to remedy certain conditions of blight in Uptown Subarea B referred to
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as the "Mercado Santa Fe Project"; and
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WHEREAS, a notice of intent to prepare an environmental impact report was issued in
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March 2003 relating to the proposed amendment of the Uptown Redevelopment Plan and the
Central City North Redevelopment Plan, the Mercado Santa Fe Project and an amendment to
the land use element of the General Plan; and
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WHEREAS, in the months following March 2003, the completion of the preparation of
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a draft of an environmental impact report document for the reinstatement of the powers of
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eminent domain in each of the redevelopment project areas was deferred as certain refinements
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of the Mercado Santa Fe Project were considered, and subsequently, on February 5, 2004, the
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Environmental Review Committee of the City determined that the environmental study of the
reinstatement of the power of eminent domain in the two (2) redevelopment project areas and
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the associated redevelopment activities relating to such reinstatement of the power of eminent
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domain in each such redevelopment project areas as described below as the "Project" for
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purposes of compliance with CEQA, warranted the preparation of a Program Environmental
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Impact Report (a "Draft EIR") where the elements of the Project include the following:
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. reinstatement of the Agency's power of eminent domain to acquire land in the
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Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be
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accomplished by written amendment to the text of each redevelopment plan);
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rescission of special and development regulations contained in the Central City
North Redevelopment Plan and the amendment of this redevelopment plan to conform to
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current Community Redevelopment Law relating to relocation of displaced persons and
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businesses and affordable housing and to require that all new development in the CCN Project
Area conform with the City's General Plan, zoning and development regulations as currently in
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effect or hereafter modified or amended (the rescission of such special development regulations
to be accomplished by a restatement of certain provisions of the Central City North
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Redevelopment Plan to conform with the City's General Plan, zomng and development
2 regulations currently in effect or hereafter modified or amended);
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a General Plan Amendment affecting approximately 19.02 acres within a portion
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of Uptown Subarea B bounded by 3rd and 2nd Streets and between "K" Street and 1-215 from
"IL" (Light Industrial) to "CG-1" (General Commercial), and such General Plan Amendment is
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identified as General Plan Amendment No. 04-02;
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analysis of a future retail development project within Uptown Subarea B. This
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development is proposed for approximately 9.2 acres of land generally situated to the south of
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3rd Street and is referred to by the City and the Agency as the Mercado Santa Fe Project. For
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the purpose of CEQA analysis, the proposed retail development concept assumes approximately
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96,241 square feet of retail use and is based on the on-site vehicle parking standard of 4 spaces
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per 1,000 square feet ofretail use, the proposed use requires a minimum of 385 on-site vehicle
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parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking
spaces.
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Collectively, the potential environmental effects of the elements of the Project (the
proposed redevelopment and related activities generally described in the four (4) subparagraphs
preceding this sentence) is, for the purposes of the indicated analysis under CEQA, described in
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this Resolution as the "Project"; and
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WHEREAS, the City conducted a public scoping meeting to solicit public comments on
the preparation of the Draft Program Environmental Impact Report (the "Draft EIR") for the
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Project; and
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WHEREAS, the 2003 Initial Study was updated and the March 2003 notice of
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preparation was updated and revised as the Notice of Preparation of the City to prepare a Draft
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EIR for the Project, and was published and circulated to the public, responsible agencies and
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other interested persons from February 17, 2004 through March 17, 2004, as required by
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CEQA; and
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WHEREAS, the text of the Draft EIR (including all appendices) was made available to
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the public, responsible agencies and other interested persons for their review and comment
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between April 8, 2004 through May 29,2004 as required by CEQA; and
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WHEREAS, verbal and written comments were received on the Draft EIR; and
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WHEREAS, these comments were responded to both orally and in writing as required
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by CEQA and the Final Environmental Impact Report document (State Clearinghouse No.
2003031072), dated June 15, 2004 (the "Final EIR") has been prepared and transmitted to each
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responsible agency which submitted comments to the Draft EIR; and
WHEREAS, the Commission conducted two (2) noticed joint public hearings on July
19,2004, with the Common Council as relate to the Project and the Final EIR with the first such
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joint public hearing held in connection with the amendment of the Uptown Redevelopment Plan
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and the certification of the Final EIR and second joint public hearing held in connection with
the amendment of the Central City North Redevelopment Plan and the certification of the Final
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EIR, and during the course of each such joint public hearing conducted on July 19, 2004, the
Commission fully reviewed and considered the Final EIR, the Mitigation Monitoring Plan, the
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Planning Division staff reports and the recommendations of the Planning Commission as relate
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to the Project and the Final EIR and drafted its own Facts and Findings and Statement of
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Overriding Considerations base upon its review such documents.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
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Section 1.
In connection with the consideration by the Commission of the
22 amendment of the Uptown Redevelopment Plan to reinstate the Agency's power of eminent
23 domain in the Uptown Project Area and the amendment and reinstatement of the Central City
24 North Redevelopment Plan to reinstate the Agency's power of eminent domain in the CCN
25 Project Area, the Commission conducted the following public hearings on July 19,2004:
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(i) a joint public hearing with the Common Council to consider an amendment of
2 the Uptown Redevelopment Plan to reinstate the eminent domain power of the Agency in the
3 Uptown Project Area and the potential implementation with the assistance of the Agency of the
4 Mercado Santa Fe Project in Uptown Subarea B and the potential environmental effects of these
5 actions as set forth in the Final EIR; and
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(ii)
a joint public hearing with the Common Council to consider an amendment of
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the Central City North Redevelopment Plan to reinstate the eminent domain power of the
Agency in the CCN Project Area and the restatement and amendment of the Central City North
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Redevelopment Plan to rescind the special development regulations contained in such 1973
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redevelopment plan and to conform the provisions of such 1973 redevelopment plan to the
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current-day Community Redevelopment Law relating to relocation of displaced persons and
businesses and affordable housing and to require that all new development in the CCN Project
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Area conform with the City's General Plan, zoning and development regulations currently in
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effect and the potential environmental effects of these actions as set forth in the Final EIR.
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During the course of the joint public hearings identified above, the Commission received
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and considered all written comments previously received and all oral comments submitted by
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interested persons relating to the Project and the Final EIR. The Commission hereby finds that
the conduct of these public hearings was full and fair and that the Commission has fully
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considered the potential effect on the environment of the Project. The Final EIR in the form as
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submitted to the Commission upon the conclusion of these joint public hearings is hereby
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acknowledged and declared to be the Final EIR for the Project.
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Section 2.
The Final EIR (State Clearinghouse No. 2003031072) is a "program
22 environmental impact report" as this term is defined under CEQA Guidelines Section 15168, for
23 the Project. The Final EIR for the Project, includes consideration of the potential environmental
24 effects of the development of the Mercado Santa Fe Project and General Plan Amendment No.
25 04-02, and the Final EIR has been prepared and considered in compliance with CEQA. The
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Final EIR (including the text of the Draft EIR, all technical appendices, the Mitigation
2 Monitoring Plan, the Facts and Findings and Statement of Overriding Consideration) and all the
3 notices, with comments and staff reports related thereto are on file with the City Clerk's Office.
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Section 3.
The purpose of this Resolution is to evidence the actions of the
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Commission as a "responsible agency" under CEQA in approving the amendments to the
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Central City North Project Plan and the Uptown Project Plan. Pursuant to CEQA Guidelines
Sections 15050 and 15096 the Commission as a "responsible agency" shall consider and certify
the lead agency's EIR prior to approving a project, including providing findings supported by
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substantial evidence in the record related to substantial environmental effects the project will
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have on the environment and a statement of overriding considerations addressing the
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environmental impacts which are not avoidable and cannot be substantially lessened as a result
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of the project. The Final EIR was presented to the Common Council as the "lead agency" and
the Commission as the "responsible agency" for the Project under CEQA, and the Commission
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has reviewed and considered the information in the Final EIR prior to the adoption by the
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Commission of an amendment to the Uptown Project Plan reinstating the Agency's eminent
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domain power in the Uptown Project Area, and prior to the adoption by the Commission of an
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amendment to the Central City North Project Plan reinstating the Agency's eminent domain
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power in the CCN Project Area as well as the related rescission of the special land development
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regulations and the reinstatement of the Central City North Redevelopment Plan to conform to
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current City General Plan, zoning and development regulations and current day provisions of
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Community Redevelopment Law relocation and affordable housing standards.
The
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Commission has adopted Facts and Findings and a Statement of Overriding Considerations as
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part of its certification of the Final EIR and approval and adoption of the Mitigation Monitoring
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Plan for the Project.
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The Commission hereby finds that:
the Final EIR has identified all significant environmental effects of the Project,
Section 4.
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(1)
including the potential development of the Mercado Santa Fe Project.
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(2) the Final EIR identifies certain significant environmental effects that would
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result but which significant effects can be mitigated to a level of less than significant provided
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that the applicants and owners of land who may undertake the development of the Mercado
Santa Fe Project (if it occurs), and other future development within the portion of Uptown
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Subarea B affected by General Plan Amendment No. 02-04 (if such development occurs)
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undertake feasible environmental impact mitigation measures as set forth in the Mitigation
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Monitoring Plan for the Final EIR to reduce or eliminate such potential impacts to a level which
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is less than significant. The Mitigation Monitoring Plan and all information contained therein is
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included in the Final EIR and incorporated herein by reference. The basis on which the
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Commission finds that such potentially significant environmental effects of the Project have
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been or shall be mitigated to a level which is less than significant is set forth in the Facts and
Findings and Statement of Overriding Considerations of the Project. The Facts and Findings
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and Statement of Overriding Considerations for the Project is attached as Attachment "A" and
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incorporated in this Resolution by this reference.
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(3) the Final EIR concludes that despite the implementation of feasible mitigation
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measures to lessen the potential impact of certain effects of the Project on the environment, that
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in three (3) areas of environmental concern under CEQA, the potential effects on the
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environment of the Project cannot be fully mitigated or reduced to a level which is less than
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significant. These areas are identified as follows:
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(i)
temporary construction activities of the Mercado Santa Fe Project (dust and
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construction vehicle exhaust) - although the Final EIR sets forth mitigation measures which are
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estimated to reduce the potential impacts by 50% the remaining effect, even after the
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implementation of the feasible mitigation measures identified in the Final EIR is still significant
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in the case of temporary construction activity impacts of the Mercado Santa Fe Project in
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Uptown Subarea B;
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the Long-Term Regional Air Quality Impacts or the air emissions (stationary
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2 source plus mobile/traffic source) of the Mercado Santa Fe Project and General Plan
3 Amendment No. 04-02 are forecast in the Final EIR exceed the thresholds for significant effect
4 established by the SCAQMD. However, there are no mitigation measures currently available to
5 reduce emissions from mobile sources, and as a consequence, the long-term air quality impacts
6 of the Project remain significant and unavoidable;
(iii) Year 2008 Freeway Segment Conditions and Year 2025 Freeway Segment
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Conditions are both indicated in the Final EIR to be operating at unsatisfactory conditions, and
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the Project will contribute to such adverse conditions in the year 2008 and in the Year 2025
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under the traffic impact generation models considered in the Final EIR. Although certain
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mitigation measures could be implemented in the case of the freeway segment conditions to
improve the operation of the freeway segments to an acceptable level of serve (or a non-
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significant impact on the environment for both 2008 and 2025), the mitigation measures
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identified in the Final EIR are not within the jurisdiction of the Commission to implement.
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Caltrans has jurisdiction for providing for capital improvements to the indicated freeway
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segments, and at the present time Caltrans has not formulated any mechanism for proponents of
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the Project (in particular the Mercado Santa Fe Project and the owners of land benefited by
General Plan Amendment No. 04-02) to pay fees or make other fair share contributions to
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improve mainline freeway segments to so eliminate the adverse impact of the development of
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such land on the operation of the freeway segments.
Potential mitigation measures or other project alternatives relating to the three (3)
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unavoidable significant impacts of the Project as generally identified in this Section IV.E., were
not incorporated into or adopted as part of the Project, as the mitigation of these impacts is
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regarded as infeasible and not economically or socially viable based on specific economic,
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social, or other considerations as set forth in the Facts and Findings and Statement of Overriding
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Considerations.
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(4) the Commission has given great weight to the significant unavoidable adverse
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environmental impacts of the Project. Nevertheless, for the reasons set forth in the Facts and
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Findings and Statement of Overriding Considerations the Commission hereby finds and
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determines that the significant unavoidable adverse impacts of the Project are clearly
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outweighed by the elimination of blight which affects each of the redevelopment project areas
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and the economic, social, cultural and other benefits to the community which shall be realized
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by the Project, including the potential development of the Mercado Santa Fe Project, the
redevelopment of the lands affected by General Plan Amendment No. 04-02, as set forth in the
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Facts and Findings and Statement of Overriding Considerations, which is hereby adopted and
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approved by the Commission as the responsible agency under CEQA for implementing certain
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aspects of the Project.
(5) the findings contained in the Facts and Findings and Statement of Overriding
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Considerations with respect to the significant environmental impacts of the Project identified in
the Final EIR are true and correct, and are based upon substantial evidence in the record,
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including documents comprising the Final EIR.
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(6) the Final EIR, Mitigation Monitoring Plan, and the Facts and Findings and
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Statement of Overriding Considerations reflect the independent review, analysis and judgment
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of the Agency and the Commission.
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Section 5.
The Facts and Findings and Statement of Overriding Considerations are
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approved and adopted; the Final Program Environmental Impact Report is certified; and the
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Mitigation Monitoring Plan is approved and adopted.
Furthermore, pursuant to CEQA
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Guidelines Section 15097 the Commission ensures that the Agency shall comply with the
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requirements of the Mitigation and Monitoring Program, including the submission of any
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necessary reports during (i) all condemnation proceedings initiated by the Agency on land lying
within the CCN Project Area or the Uptown Project Area; (ii) the construction of the Mercado
Santa Fe Project if assistance is granted by the Agency; and, (iii) any redevelopment
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project lying within the land affected by General Plan Amendment No. 04-02 to which the
2 Agency grants assistance.
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Section 6.
The Executive Director of the Agency is hereby directed, in cooperation
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with the City Planning Division, to file a Notice of Determination with the County of San
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Bernardino Clerk of the Board of Supervisors certifying the Commission's compliance, as a
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responsible agency under CEQA in reviewing and approving the Final Program Environmental
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Impact Report for the Project, including the adoption of the Facts and Findings and Statement of
Overriding Considerations and the approval of the Mitigation Monitoring Plan. A copy of such
Notice of Determination shall be forwarded to the State Clearinghouse.
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Section 7.
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The Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS,
AND MAKING FINDINGS THAT A FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION
MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT
DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF
THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT FULLY AND
ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL
EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH
REDEVELOPMENT PLAN AMENDMENTS
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
jt.
Community Development Commission of the City of San Bernardino at a reg. meeting
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thereof, held on the 16th day of
, 2004, by the following vote to wit:
August
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Commission Members: Ayes
ESTRADA X
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LONGVILLE ~
MCGINNIS X
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DERRY ~
KELLEY ----X-
JOHNSON ---X-
MC CAMMACK
Abstain
Absent
Navs
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The foregoing resolution is hereby approved this
August
,2004.
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By:
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