HomeMy WebLinkAbout2011-232
RESOLUTION NO. 2011-232
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 08-05
TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL
(CG-l) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON
APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT
NO. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND
VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR
SERVICE AT 701 NORTH WATERMAN AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. Recitals.
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WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
General Plan for the City by Resolution No. 2005-362 on November I, 2005; and
WHEREAS, General Plan Amendment No. 08-05 to the General Plan of the City of San
Bernardino was considered by the Planning Commission on April 27, 2011, at a noticed public
hearing, and the Planning Commission's recommendation of approval has been considered by
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the Mayor and Common Council.
WHEREAS, Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto
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dismantling and vehicle storage business by 7.69 acres, construct 17 canopies and related on on-
site improvements and to establish auto repair service at the existing auto dismantling and
vehicle storage facility located at 70 I North Waterman A venue was considered by the Planning
Commission and the Planning Commission's recommendation for approval has been considered
by the Mayor and Common Council.
WHEREAS, General Plan Amendment No. 08-05 was reviewed under the California
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Environmental Quality Act (CEQA) through an Initial Study which found no significant adverse
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effects on the environment after incorporation of mitigation measures.
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2011-232
WHEREAS, the Mitigated Negative Declaration pursuant to the California
2 Environmental Quality Act has been reviewed by the Environmental Review Committee, the
3 Planning Commission, and the Mayor and Common Council in compliance with the CEQA and
4 local regulations.
5 WHEREAS, the Planning Commission conducted a noticed public hearing on April 27,
(, 20 II, in order to receive public testimony and written and oral comments on General Plan
7 Amendment No. 08-05 and Conditional Use Permit No. 09-04 and fully reviewed and considered
8 the Planning Division Staff Report and the recommendation of the Environmental Review
9 Committee.
10 WHEREAS, the Mayor and Common Council held a noticed public hearing on June 6,
II 20 II, and fully reviewed and considered proposed General Plan Amendment No. 08-05 and
12 Conditional Use Permit No. 09-04 and the Planning Commission and Environmental Review
13 Committee recommendations and the Planning Division Staff Report.
14 SECTION 2. Mitigated Negative Declaration
15 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
16 and Common Council that the proposed amendment to the General Plan of the City of San
17 Bernardino will not have a significant effect on the environment with incorporation of the
18 proposed mitigation measures, and the Mitigated Negative Declaration heretofore recommended
19 by the Environmental Review Committee as to the effect of this proposed amendment is hereby
20 ratified, ai1irmed and adopted.
21 SECTION 3. Findings of Fact:
22 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
23 Bernardino that:
24 A. General Plan Amendment No. 08-05 is internally consistent with the General Plan in
25 that it meets General Plan Policy 4.1.2, in that it proactively seeks out and retains businesses,
26 including attracting industrial and manufacturing uses. The proposed General Plan Amendment
27 will promote business retention and expansion.
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2011-232
B. General Plan Amendment No. 08-05 will not be detrimental to the public interest,
2 health, safety, convenience, or welfare of the City in that it will enable the property owner to
3 develop a viable industrial use on the site and provide a development opportunity with similar
4 uses within the same area.
5 C. General Plan Amendment No. 08-05 will maintain the appropriate balance of land
6 uses within the City in that the General Plan Amendment will facilitate compatible in fill
7 development with similar uses within the same area. The land use changes resulting from a
8 General Plan land use designation change on 7.69 acres will not alter the balance ofland uses in
9 a City of over 60 square miles.
10 D. The parcels subject to General Plan Amendment No. 08-05 are physically suitable for
II the requested land use designations and the anticipated land use development. There are no
12 physical constraints to development of any parcels in the subject area. Changing the General
13 Plan land use designation from General Commercial and Industrial Light to Industrial Heavy will
14 not change the requirements and effects of further development significantly. Therefore, the
IS subject parcels are all suitable for development under the requested land use designation,
16 including, but not limited to having adequate access, available utilities, and compatibility with
17 surrounding land uses.
18 SECTION 4. Amendment:
19 A. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
20 Amendment No. 08-05, to change the land use designation hom Commercial General (CG-I)
21 and Industrial Light (IL) to Industrial Heavy (lH) in the area outlined in Exhibit A copy of which
22 is attached and incorporated herein for reference.
23 B. General Plan Amendment No. 08-05 shall become effective upon the adoption and
24 execution of this resolution.
25 SECTION 5. Map Notation
26 This Resolution and the amendment affected by it shall be noted on such appropriate General
27 Plan maps as having been previously adopted and approved by the Mayor and Common Council
28 and which are on file in the office of the City Clerk.
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2011-232
SECTION 6. Notice of Determination
2 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk
3 of the County of San Bernardino certifying the City's compliance with California Environmental
4 Quality Act in preparing the Initial Study I Mitigated Negative Declaration.
5 SECTION 7. Conditional Use Permit No. 09-04
6 Conditional Use Permit No. 09-04 is hereby approved based upon the Findings of Facts and
7 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission
8 dated March 23, 20 II.
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2011-232
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 08-05
TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL
(CG-l) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON
APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT
~O. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND
VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR
SERVICE AT 701 NORTH W ATERMAN AVENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular
meeting thereof, held
III on the 18th day of
II Council Members:
12 MARQUEZ
13 VACANT
14 BRINKER
15 SHORETT
1(, KELLEY
17 JOHNSON
IS MC CAMMACK
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July ,2011, by the following vote, to wit:
ABSTAIN ABSENT
NAYS
AYES
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Radle! Clark, City Clerk
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The foregoing resolution is hereby approved thiscXYJ I-day of
July
,2011.
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Pat . ck J. Morris, ayor
. of San Bernardino
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Approved as to form:
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JAMES F. PENMAN,
City Attorney
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2011-232
EXHIBIT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GENERAL PLAN AMENDMENT 08-05
LOCA TION MAP
HEARING DA TE: 6/6/2011
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