HomeMy WebLinkAbout2012-110 1
RESOLUTION NO. 2012-110
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3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-06 TO
CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY 22,500 SQUARE FEET
5 FROM RESIDENTIAL SUBURBAN (RS) TO COMMERCIAL HEAVY (CH); APPROVING
6 TENTATIVE PARCEL MAP NO. 19364 (SUBDIVISION NO. 11-06) TO MERGE FIVE
7 PARCELS INTO ONE 1.53-ACRE PARCEL, AND CONDITIONAL USE PERMIT NO. 12-07
TO CONSTRUCT A 12,480-SQUARE FOOT COMMERCIAL RETAIL BUILDING LOCATED
8 AT THE SOUTHEAST CORNER OF BASELINE AND MYRTLE STREETS; AND
9 ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION
MONITORING/REPORTING PROGRAM FOR THE PROJECT.
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11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
12 OF SAN BERNARDINO AS FOLLOWS:
13 SECTION 1. Recitals.
14 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the General
15 Plan for the City by Resolution No. 2005-362 on November 1, 2005; and
16 WHEREAS, the application for General Plan Amendment No. 11-06, Tentative Parcel Map No.
17 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07 was reviewed under the
18 California Environmental Quality Act (CEQA) through an Initial Study which found no significant
19 adverse effects on the environment after incorporation of mitigation measures; and
20 WHEREAS, the Mitigated Negative Declaration pursuant to the California Environmental
21 Quality Act has been reviewed by the Environmental Review Committee, the Planning Commission,
22 and the Mayor and Common Council in compliance with the CEQA and local regulations; and
23 WHEREAS, the Planning Commission conducted a noticed public hearing on May 23, 2012, in
24 order to receive public testimony and written and oral comments on General Plan Amendment No. 11-
25 06, Tentative Parcel Map No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07,
26 and fully reviewed and considered the Planning Division Staff Report and the recommendation of the
27 Environmental Review Committee; and
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2012-110
1 WHEREAS, the Mayor and Common Council held a noticed public hearing on June 18, 2012,
2 and fully reviewed and considered proposed General Plan Amendment No. 11-06, Tentative Parcel Map
3 No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07, and the Planning
4 Commission and Environmental Review Committee recommendations and the Planning Division Staff
5 Report.
6 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and
7 Common Council that:
8 SECTION 2. Mitigated Negative Declaration.
9 A. The proposed amendment to the General Plan of the City of San Bernardino will not have a
10 significant adverse effect on the environment with incorporation of the proposed mitigation measures,
11 and the Mitigated Negative Declaration heretofore recommended by the Environmental Review
12 Committee as to the effect of this proposed amendment is hereby adopted.
13 B. Mitigation measures identified in the Mitigated Negative Declaration have been compiled in
14 a Mitigation Monitoring and Reporting Program (MM/RP) for the project. The Mayor and Common
15 Council hereby adopts the MM/RP attached to the Staff Report to the Mayor and Common Council as
16 Attachment D, and incorporated herein by reference.
17 SECTION 3. General Plan Amendment No. 12-02.
18 A. General Plan Amendment No. 12-02 is hereby approved based upon the Findings of Fact
19 contained in the Staff Report to the Planning Commission dated May 23, 2012.
20 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
21 Amendment No. 11-06, to change the land use designation of approximately 22,500 square feet from
22 Residential Suburban (RS) to Commercial Heavy (CH) in the area outlined in Attachment 1, attached
23 and incorporated herein by reference.
24 C. General Plan Amendment No. 11-06 shall become effective upon the adoption and execution
25 of this resolution.
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Parcel Ma No. 19364 Subdivision No. 11-06 .
SECTION 4. Tentative p ( 1
27 Tentative Parcel Map No. 19364 (Subdivision No. 11-06) is hereby approved based upon the
28 -Findings of Fact contained in the Staff Report to the Planning Commission dated May 23, 2012, and
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2012-110
1 subject to the Conditions of Approval as recommended for revision by the Planning Commission on
2 May 23, 2012 and attached as Exhibit B to the Staff Report to the Mayor and Common Council.
3 SECTION 5. Conditional Use Permit No. 12-07.
4 Conditional Use Permit No. 12-07 is hereby approved based upon the Findings of Fact contained
5 in the Staff Report to the Planning Commission dated May 23, 2012, and subject to the Conditions of
6 Approval as recommended for revision by the Planning Commission on May 23, 2012 and attached as
7 Exhibit B to the Staff Report to the Mayor and Common Council.
8 SECTION 6. Man Notation.
9 This Resolution and the amendment affected by it shall be noted on such appropriate General
10 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file
11 in the office of the City Clerk.
12 SECTION 7. Notice of Determination.
13 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk
14 of the County of San Bernardino certifying the City's compliance with California Environmental
15 Quality Act in preparing the Initial Study/Mitigated Negative Declaration.
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2012-110
1 A RESOLUTION ... ADOPTING GENERAL PLAN AMENDMENT NO. 11-06 TO CHANGE THE
LAND USE DESIGNATION OF APPROXIMATLEY 22,500 SQUARE FEET FROM RESIDENTIAL SUBURBAN
2 (RS)TO COMMERCIAL HEAVY (CH); APPROVING TENTATIVE PARCEL MAP NO. 19364 (SUBDIVISION
3 NO. 11-06) TO MERGE FIVE PARCELS INTO ONE, 1.53-ACRE PARCEL AND CONDITIONAL USE PERMIT
NO. 12-07 TO CONSTRUCT A 12,480-SQUARE FOOT COMMERCIAL RETAIL BUILDING LOCATED AT
4 THE SOUTHEAST CORNER OF BASELINE AND MYRTLE STREETS; AND ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND THE MITIGATION MONTORING/REPORTING PROGRAM FOR THE
5 PROJECT.
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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 on the
9 18th day of June 2012,by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
12
JENKINS x
13
VALDIVIA x
14 x
SHORETT
15
KELLEY x
JOHNSON x
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MC CAMMACK x
18 /
19
Geor ann Han City Clerk
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21 The foregoing resolution is hereby approved this el day of June 2012.
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23
Patri J. Mortis, 4aygj
24 f San Bernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
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ATTACHMENT 1 - LOCATION/ZONING MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GPA11-06 1 TPM 19364 1 CUP12-07
NORTH
HEARING DATE: 611812012
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