HomeMy WebLinkAbout2014-029 1
RESOLUTION NO. 2014-29
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-02 TO AMEND THE
LAND USE DESIGNATION OF APPROXIMATELY 10,600 SQUARE FEET FROM
5 RESIDENTIAL TO COMMERCIAL AND APPROVING CONDITIONAL USE PERMIT 13-14
6 TO ESTABLISH A GAS STATION WITH A CONVENIENCE STORE WITH AN ABC TYPE
20 LICENSE (OFF-SALE, BEER AND WINE), LOCATED AT THE SOUTHEAST CORNER
OF MEDICAL CENTER DRIVE AND BASELINE STREET.
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9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
10 OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. Recitals.
12 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the General
13 Plan for the City by Resolution No. 2005-362 on November 1, 2005; and
14 WHEREAS, the application for General Plan Amendment 13-02 and Conditional Use Permit 13-
15 14 was found by the Environmental Review Committee to be exempt from the California Environmental
16 Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines in that the submitted project
17 plans and supporting data indicate that there will be no significant adverse effects on the environment;
18 and
19 WHEREAS, the CEQA exemption has been reviewed by the Environmental Review Committee,
20 the Planning Commission, and the Mayor and Common Council in compliance with the CEQA and local
21 regulations; and
22 WHEREAS, the Planning Commission conducted a noticed public hearing on October 16, 2013,
23 in order to receive public testimony and written and oral comments on General Plan Amendment 13-02
24 and Conditional Use Permit 13-14, and fully reviewed and considered the Planning Division Staff
25 Report and the recommendation of the Environmental Review Committee; and
26 WHEREAS, the Mayor and Common Council held a noticed public hearing on February 3,
27 2014, and fully reviewed and considered proposed General Plan Amendment 13-02 and Conditional Use
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2014-29
I Permit 13-14, and the Planning Commission and Environmental Review Committee recommendations
2 and the Planning Division Staff Report.
3 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
4 and Common Council that:
5 SECTION 1. Recitals.
6 The above Recitals are true and correct and are incorporated herein.
7 SECTION 2. Exemption.
8 A. The proposed amendment to the General Plan of the City of San Bernardino will not have a
9 significant effect on the environment, and the exemption heretofore prepared by the Environmental
10 Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted.
11 SECTION 3. General Plan Amendment 13-02.
12 A. General Plan Amendment 13-02 is hereby approved based upon the Findings of Fact
13 contained in the Staff Report to the Mayor and Common Council dated February 3, 2014.
14 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
15 Amendment 13-02, to change the land use designation of approximately 10,600 square feet from
16 Residential to Commercial in the area outlined in Exhibit A, attached and incorporated by reference.
17 C. General Plan Amendment 13-02 shall become effective upon the adoption and execution of
18 this Resolution.
19 SECTION 4. Conditional Use Permit 13-14.
20 Conditional Use Permit 13-14 is hereby approved based upon the Findings of Fact contained in
21 the Staff Report to the Mayor and Common Council dated February 3, 2014, and subject to the
22 Amended Conditions of Approval as recommended by the Planning Commission on October 16, 2013
23 and as modified to reflect a reduction in hours that alcoholic beverages may be sold on-site, attached as
24 Exhibit B and incorporated herein.
25 SECTION 6. Map Notation.
26 This Resolution and the amendment affected by it shall be noted on such appropriate General
27 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file
28 in the office of the City Clerk.
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2014-29
1 SECTION 7. Notice of Exemption.
2 The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of
3 the County of San Bernardino certifying the City's compliance with the California Environmental
4 Quality Act.
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2014-29
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-02 TO AMEND THE
LAND USE DESIGNATION OF APPROXIMATELY 10,600 SQUARE FEET FROM
3 RESIDENTIAL TO COMMERCIAL AND APPROVING CONDITIONAL USE PERMIT 13-14
4 TO ESTABLISH A GAS STATION WITH A CONVENIENCE STORE WITH AN ABC TYPE
20 LICENSE (OFF-SALE, BEER AND WINE), LOCATED AT THE SOUTHEAST CORNER
5 OF MEDICAL CENTER DRIVE AND BASELINE STREET.
6
7 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 on the
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3rd day of February , 2014, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
13
JENKINS X
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VALDIVIA x
15
SHORETT X
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VACANT
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JOHNSON X
18
MULVIHILL x
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20 4110_
George. 01 Hanna, ty Clerk
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22 �r
The foregoing resolution is hereby approved this 4 day of February , 2014.
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24 ��1 •
1'atri• . Morris, . •
25 • San Bernardino
26 Approved as to form:
Gary D. Saenz,
27 City Attorney
28 By: l
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