HomeMy WebLinkAbout2011-320
RESOLUTION NO. 2011-320
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 09-02
TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL SUBURBAN
(RS) TO COMMERCIAL GENERAL (CG-l) ON ONE ACRE AND APPROVING
CONDITIONAL USE PERMIT NO. 09-09 TO ESTABLISH A NEIGHBORHOOD
GROCERY STORE AT 1111 WEST 9TH STREET.
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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 1. Recitals.
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WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
City General Plan by Resolution No. 2005-362 on November 1,2005; and
WHEREAS, General Plan Amendment No. 09-02 to the General Plan of the City of San
Bernardino was considered by the Planning Commission on November 16, 2011, at a noticed
public hearing, and the Planning Commission's recommendation for approval has been
considered by the Mayor and Common Council; and
WHEREAS, Conditional Use Permit No. 09-09 to establish a neighborhood grocery store
in an existing 12,534 square-foot building located at 1111 West 9th Street was considered by the
Planning Commission and the Planning Commission's recommendation for approval has been
considered by the Mayor and Common Council; and
WHEREAS, General Plan Amendment No. 09-02 was reviewed under the California
Environmental Quality Act (CEQA) and was found to be exempt from CEQA pursuant to
Section 15301 of the CEQA Guidelines, as a minor alteration to an existing facility, and would
not have a significant effect on the environment; and
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WHEREAS, the exemption from CEQA has been reviewed by the Environmental
Review Committee, the Planning Commission, and the Mayor and Common Council in
compliance with CEQA and local regulations.
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WHEREAS, the Planning Commission conducted a noticed public hearing on November
2 16, 2011, in order to receive public testimony and written and oral comments on General Plan
3 Amendment No. 09-02 and Conditional Use Permit No. 09-09 and fully reviewed and considered
4 the Planning Division Staff Report and the recommendation of the Environmental Review
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6 WHEREAS, the Mayor and Common Council held a noticed public hearing on
7 December 19,2011, and fully reviewed and considered proposed General Plan Amendment No.
8 09-02 and Conditional Use Permit No. 09-09 and the Planning Commission and Environmental
9 Review Committee recommendations and the Planning Division Staff Report.
10 SECTION 2. Exemption
11 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
12 and Common Council that the effect of the proposed amendment to the General Plan of the City
13 of San Bernardino, together with the proposed Conditional Use Permit, will be the re-use and
14 minor alteration to an existing commercial building, which is exempt from CEQA pursuant to
15 Section 15301 of the CEQA Guidelines.
16 SECTION 3. Findings of Fact:
17 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
18 Bernardino that:
19 A. General Plan Amendment No. 09-02 is internally consistent with the General Plan in
20 that it meets General Plan Policy 2.5.6, in that it requires new development be designed to
21 complement and not devalue the physical characteristics of the surrounding environment,
22 including consideration of the site's natural topography and vegetation and surrounding
23 exemplary architectural design style. The proposed General Plan Amendment will improve the
24 existing commercial property with an attractive, safe land use that will be consistent with the
25 Development Code.
26 B. General Plan Amendment No. 09-02 will not be detrimental to the public interest,
27 health, safety, convenience, or welfare of the City in that it will enable the property owner to
28 develop a viable commercial use on the site that will benefit the surrounding residential area.
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C. General Plan Amendment No. 09-02 will maintain the appropriate balance of land
uses within the City in that the General Plan Amendment will facilitate a minor alteration with
similar uses within the same area. The land use changes resulting from a General Plan land use
designation change on one acre will not alter the balance of land uses in a City of over 60 square
miles.
D. The parcel subject to General Plan Amendment No. 09-02 is physically suitable for
the requested land use designations and the anticipated land use development. There are no
physical constraints to development of the subject parcel. Changing the General Plan land use
designation from Residential Suburban to General Commercial will not change the requirements
and effects of further development significantly. Therefore, the subject parcel is suitable for
development under the requested land use designation, including, but not limited to having
adequate access, available utilities, and compatibility with surrounding land uses.
SECTION 4. Amendment:
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
Amendment No. 09-02, to change the land use designation from Residential Suburban (RS) to
Commercial General (CG-l) in the area outlined in "Exhibit A" a copy of which is attached and
incorporated herein by reference.
B. General Plan Amendment No. 09-02 shall become effective upon the adoption and
execution of this Resolution.
SECTION 5. Map Notation
This Resolution and the amendment affected by it shall be noted on such appropriate General
Plan maps as having been 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 Exemption
The Planning Division is hereby directed to file a Notice of Exemption with the County of San
Bernardino, certifying the City's compliance with the California Environmental Quality Act.
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2 SECTION 7. Conditional Use Permit No. 09-09
3 Conditional Use Permit No. 09-09 is hereby approved based upon the Findings of Fact and
4 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission
5 dated November 16, 2011.
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2011-320
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 09-02
TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL SUBURBAN
(RS) TO COMMERCIAL GENERAL (CG-l) ON APPROXIMATELY ONE ACRE AND
APPROVING CONDITIONAL USE PERMIT NO. 09-09 TO ESTABLISH A
NEIGHBORHOOD GROCERY STORE AT 1111 WEST 9TH STREET.
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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 j oint regular
meeting thereof, held
9 on the 19th day of December
, 2011, by the following vote, to wit:
10 Council Members:
AYES
NAYS
ABSTAIN ABSENT
11 MARQUEZ
12 JENKINS
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
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&oJAd..l/, {I-p d-
ac el Clar!<1 yity Clerk /l . .
~ ~..Mfarp<. J~
The foregoing resolution is hereby approved this ~ l'~ay of December . 2011.
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24 Approved as to form:
at . ck J. Morris, or
1 y of San Bernardino
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JAMES F. PENMAN,
City Attorney
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2011-320
EXHIBIT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GENERAL PLAN AMENDMENT 09-02
LOCA TION MAP
HEARING DATE: 12/19/2011
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