HomeMy WebLinkAbout2012-240 RESOLUTION NO, 2012-240
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-05 TO AMEND
THE LAND USE DESIGNATION OF APPROXIMATELY 10.23 ACRES FROM
5 RESIDENTIAL URBAN (RU) TO INDUSTRIAL HEAVY (IH) AND APPROVING
6 CONDITIONAL USE PERMIT NO. 11-16, TO ESTABLISH AN AUTO DISMANTLING AND
SALVAGE YARD WITH RETAIL PARTS SALES ON 10.23 ACRES LOCATED AT THE
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SOUTH SIDE OF WALNUT STREET OPPOSITE OF ARTESIAN AVENUE, AND THE
8 MITIGATION MONITORING AND REPORTING PROGRAM.
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10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
11 OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. Recitals.
13 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the General
14 Plan for the City by Resolution No. 2005-362 on November 1, 2005; and
15 WHEREAS, the application for General Plan Amendment No. 11-05 and Conditional Use Permit
16 No. 11-16 was reviewed under the California Environmental Quality Act (CEQA) through an Initial
17 Study which found no significant adverse effects on the environment after incorporation of mitigation
18 measures; and
19 WHEREAS, the Mitigated Negative Declaration has been reviewed by the Environmental
20 Review Committee, the Planning Commission, and the Mayor and Common Council in compliance with
21 CEQA and local regulations; and
22 WHEREAS, the Planning Commission conducted a noticed public hearing on July 25, 2012, in
23 order to receive public testimony and written and oral comments on General Plan Amendment No. 11-
24 05 and Conditional Use Permit No. 11-16, and fully reviewed and considered the Planning Division
25 Staff Report and the recommendation of the Environmental Review Committee; and
26 WHEREAS, the Mayor and Common Council held a noticed public hearing on August 20, 2012,
27 and fully reviewed and considered proposed General Plan Amendment No. 11-05 and Conditional Use
28 Permit No. 11-16, the Planning Commission and Environmental Review Committee recommendations,
and the Planning Division Staff Report.
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2012-240
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and
2 Common Council that:
3 SECTION 2. Mitigated Negative Declaration.
4 A. The proposed amendment to the General Plan of the City of San Bernardino will not have a
5 significant effect on the environment with incorporation of the proposed mitigation measures, and the
6 Mitigated Negative Declaration heretofore recommended by the Environmental Review Committee as to
7 the effect of this proposed amendment is hereby ratified, affirmed and adopted.
8 B. Mitigation measures identified in the Mitigated Negative Declaration have been compiled in
9 a Mitigation Monitoring and Reporting Program (MM/RP) for the project. The Mayor and Common
10 Council hereby adopts the MM/RP attached as Exhibit C, and incorporated herein by reference.
11 SECTION 3. General Plan Amendment No. 11-05.
12 A. General Plan Amendment No. 11-05 is hereby approved based upon the Findings of Fact
13 contained in the Staff Report to the Planning Commission dated July 25, 2012.
14 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
15 Amendment No. 11-05, to change the land use designation of approximately 10.23 acres from
16 Residential Urban (RU) to Industrial Heavy (IH) in the area outlined in Exhibit A, attached and
17 incorporated herein by reference.
18 C. General Plan Amendment No. 11-05 shall become effective upon the adoption and execution
19 of this Resolution.
20 SECTION 4. Conditional Use Permit No. 11-16.
21 Conditional Use Permit No. 11-16 is hereby approved based upon the Findings of Fact
22 contained in the Staff Report to the Planning Commission dated July 25, 2012, and subject to the
23 Conditions of Approval as recommended for revision by the Planning Commission on July 25, 2012,
24 attached as Exhibit B to the Staff Report to the Mayor and Common Council, and incorporated herein by
25 reference.
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• 2012-240
SECTION 5. Map Notation.
2 This Resolution and the amendment affected by it shall be noted on such appropriate General
3 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file
4 in the office of the City Clerk.
5 SECTION 6. Notice of Determination.
6 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk
7 of the County of San Bernardino certifying the City's compliance with the California Environmental
8 Quality Act in preparing the Initial Study/Mitigated Negative Declaration.
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2012-240
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-05 TO AMEND THE LAND USE
2 DESIGNATION OF APPROXIMATELY 10.23 ACRES FROM RESIDENTIAL URBAN (RU) TO INDUSTRIAL
3 HEAVY (IH) AND APPROVING CONDITIONAL USE PERMIT NO. 11-16, TO ESTABLISH AN AUTO
DISMANTLING AND SALVAGE YARD WITH RETAIL PARTS SALES ON 10.23 ACRES LOCATED AT THE
4 SOUTH SIDE OF WALNUT STREET OPPOSITE OF ARTESIAN AVENUE, AND THE MITIGATION
MONITORING AND REPORTING PROGRAM.
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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 j oint regular meeting thereof, held on the
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9 1st day of October , 2012, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
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JENKINS x
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VALDIVIA x
14
SHORETT x
15
KELLEY
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JOHNSON X
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MC CAMMACK
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20 George: Hanna, ty Clerk
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The foregoing resolution is hereby approved this day of October , 2012.
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23 X21\ •
'atrick J. Morris, 1�la➢ j
24 'ty o' San Bernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City At orney
27 D, /
Lc-
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