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Home My WebLink About2009-025 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 07-01 TO THE GENERAL PLAN OF THE 4 CITY OF SAN BERNARDINO TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RS, RESIDENTIAL SUBURBAN, TO CG-1, 5 COMMERCIAL GENERAL, AND APPROVING CONDITIONAL USE PERMIT 6 NO. 07-34 TO PERMIT CONSTRUCTION OF A MULTI-TENANT RETAIL BUILDING ON A 17,516 SQUARE FOOT PARCEL LOCATED AT THE 7 NORTHEAST CORNER OF 30TH AND "E" STREETS. 8 RESOLUTION NO. 2009-25 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 9 CITY OF SAN BERNARDINO AS FOLLOWS: 10 11 12 13 14 15 SECTION I. RECITALS (a) WHEREAS, the Mayor and Common Council of the City of San Bernardino ("City") adopted the General Plan for the City by Resolution No. 2005-362 on November 1,2005; and (b) WHEREAS, Citicom Development made application for General Plan 16 Amendment (GPA) No. 07-01 together with the associated application, Conditional Use 17 18 19 20 21 22 23 24 25 26 27 28 Permit (CUP) No. 07-34; and (c) WHEREAS. the Development and Environmental Review Committee considered GPA No. 07-01 and CUP No. 07-34 ("the Project") on February 21, 2008 and recommended that the project be considered exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the State CEQA Guidelines, as a replacement or reconstruction project; and (d) WHEREAS. the Planning Commission held a noticed public hearing on December 2, 2008 to receive public testimony and written and oral comments on GP A No. 07-01 and CUP No. 07-34, including consideration of the analysis and proposed Findings in the Planning Division Staff Report; and 1 2009-25 pursuant to Section 15302 of the State CEQA Guidelines. SECTION III. GENERAL PLAN AMENDMENT FINDINGS BE IT FURTHER RESOLVED that based on substantial evidence in the record, the Mayor and Common Council of the City of San Bernardino hereby fmd: A. The proposed General Plan Amendment (GPA) No. 07-01 is internally consistent with the General Plan, because it will permit continuation of the historic use of the subject site, consistent with the following General Plan goal and policy: Goal 2.2 Promote development that integrates with and minimizes impacts on surrounding land uses. Policy 2.2.2 Require new uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur, including, as 2 2009-25 3 2009-25 1 2 SECTION IV. CONDITIONAL USE PERMIT FINDINGS 3 BE IT FURTHER RESOLVED that based on substantial evidence in the record 4 the Mayor and Connnon Council of the City of San Bernardino hereby find: 5 A. The proposed use is conditionally permitted within, and will not impair the 6 integrity and character of the subject land use district and complies with all of the 7 applicable provisions of the Development Code. CUP No. 07-34, a proposal to construct 8 9 a 3,600 square foot multi-tenant retail center on the subject site, conforms to all 10 development standards of the proposed CG-l land use district, as well as the specific 11 standards for multi-tenant retail development specified in S19.06.030(2)(K). Multi-tenant 12 retail development is conditionally permitted in the CG-l land use district, the 13 designation proposed for the site by GPA No. 07-01. Development of the site according 14 to standards specified in the Development Code will ensure preservation of the integrity 15 and character of the land use district, the subject site and the surrounding area. 16 17 B. The proposed use is consistent with the General Plan. Multi-tenant retail 18 development is conditionally permitted in the CG-l land use district, the designation 19 proposed for the site by GPA No. 07-01, which allows "local and regional serving retail, 20 personal service, entertainment, office, and related connnercial uses." Also, development 21 22 23 24 25 26 27 28 of the subject site according the plan proposed by CUP No. 07-34 will be consistent with the following General Plan goal and policy: Goa1S.7 Develop attractive and safe commercial, office and industrial projects that are creatively designed and intelligently sited. Policy 2.2.2 Require new uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur, including, as appropriate, decorative walls, landscape setbacks, restricted 4 2009-25 vehicular access, enclosure of parking structures to prevent sound 5 2009-25 welfare of the public. F. The subject site is physically suitable for the type and density/intensity of use being proposed. The site contains ample area for the proposed development, including the 3,600 square foot building and associated parking and landscaping. No physical 6 2009-25 1 2 SECTION VI. MAP NOTATION 3 BE IT FURTHER RESOLVED by the Mayor and Connnon Council that this 4 Resolution and the amendment effected by it shall be noted on such appropriate General 5 Plan maps as having been previously adopted and approved by the Mayor and Connnon 6 Council and which are on file in the office of the City Clerk. 7 SECTION VII. CONDITIONAL USE PERMIT (CUP) NO. 07-34 APPROVAL 8 BE IT FURTHER RESOLVED by the Mayor and Connnon Council that CUP 9 10 No. 07-34 is hereby approved based on the Findings of Fact contained in SECTION IV 11 and subject to the Conditions of Approval and Standard Requirements as reconnnended 12 by the Planning Connnission on December 2, 2008. 13 SECTION VIII. NOTICE OF EXEMPTION 14 15 16 17 18 19 from CEQA. 20 SECTION IX. EFFECTIVE DATE 21 22 23 24 25 26 27 28 BE IT FURTHER RESOLVED by the Mayor and Connnon Council that the Planning Division is hereby directed to file a Notice of Exemption with the Clerk of the Board of Supervisors of the County of San Bernardino, certifying the City's compliance with California Environmental Quality Act in making the determination of exemption BE IT FURTHER RESOLVED by the Mayor and Connnon Council that the adoption of General Plan Amendment No. 07-01 and approval of Conditional Use Permit No. 07-34 shall be effective thirty days following adoption of this Resolution. III III III 7 2009-25 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING 2 GENERAL PLAN AMENDMENT NO. 07-01 TO THE GENERAL PLAN OF THE 3 CITY OF SAN BERNARDINO TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RS, RESIDENTIAL SUBURBAN, TO CG-l, 4 COMMERCIAL GENERAL, AND APPROVING CONDITIONAL USE PERMIT NO. 07-34 TO PERMIT CONSTRUCTION OF A MULTI-TENANT RETAIL 5 BUILDING ON A 17,516 SQUARE FOOT PARCEL LOCATED AT THE NORTHEAST CORNER OF 30TH AND "E" STREETS. 6 7 8 9 10 11 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the joint Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the ~ day of February ,2009, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA 12 BAXTER 13 14 BRINKER 15 VACANT 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 21 x x x x x x &~~L~~ 22 The foregoing resolution is hereby approved this -$l77,{ day of !,:!,ruar~, 2009. 23 24 25 Approved as to form: PRICK .J. 1\, , Mayor . y of San Bernardino 26 JAMES F. PENMAN 27 City Attorney 28 ,~ 8 2009-25 Exhibit 1 CITY OF SAN BERNARDINO iJ PRO.JECT: General Plan Amendment No. 07-01 RS to CG-1 HEARING DATE: 0210212009 NORTH ill t::rffi o - LLCJ []]] WJ t::::f:::= I I I I - .J <( .. u.J u . .., I <( - - u <( I Q::i I .,. ::l :ST l- ..... - I-- - Bt ~ <=> ------- - ... 36' -,- - /L' / ./ 'l302 ,-", ....- =w - ~~E ~ H I - i--- II I ~ , I f-- . I ::;;i ~~ I _88_ ::' - - - == <=> ~ '-' - tJl ~ elet: Map is for lIIusralive Purposes Only. - <( ,