HomeMy WebLinkAbout2016-256 1 RESOLUTION NO. 2016-256
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
3 REPORT (STATE CLEARINGHOUSE NO. 2015081086) FOR THE WATERMAN +
4 BASELINE NEIGHBORHOOD TRANSFORMATION SPECIFIC PLAN (SPECIFIC
PLAN 15-01), AND ADOPTING THE FINDINGS OF FACT, STATEMENT OF
5 OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND
REPORTING PROGRAM PURSUANT TO THE REQUIREMENTS OF THE
6 CALIFORNIA ENVIRONMENTAL QUALITY ACT.
7 WHEREAS, on September 15, 2015, pursuant to the requirements of Chapter 19.64
8 (Specific Plans) of the City of San Bernardino Development Code and California Government
9 Code §65450, and application for Specific Plan 15-01 was duly submitted by:
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Project Applicant: National Core Renaissance
11 9421 Haven Avenue
12 Rancho Cucamonga, CA 91730
13 WHEREAS, Specific Plan 15-01 is a request to allow the change of the General Plan
14 Land Use Designations and the Zoning Districts of the properties contained within an area
15 comprised of approximately 710 acres in order to establish the Waterman + Baseline
16 Neighborhood Transformation Specific Plan; and
WHEREAS, pursuant to Public Resources Code §21067 of the California
17 Environmental Quality Act (Public Resources Code §21000 et seq.) (CEQA), §15367 of the
18 CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.) and the City's
19 Local CEQA Guidelines, the City of San Bernardino is the lead agency for proposed Specific
20 Plan 15-01; and
21 WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Planning Division of
22 the Community Development Department of the City of San Bernardino determined that an
23 Environmental Impact Report (EIR) should be prepared in order to analyze all potential
adverse environmental impacts of proposed Specific Plan 15-01; and
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WHEREAS, pursuant to §15082 of CEQA, the Planning Division of the Community
25 Development Department of the City of San Bernardino issued a Notice of Preparation(NOP)
26 of a Draft EIR for proposed Specific Plan 15-01 on August 31, 2015, and circulated the NOP
27 for the CEQA-mandated thirty (30) day public review period and a public scoping meeting
28 was conducted on September 10, 2015, pursuant to the requirements of CEQA in order to
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1 allow the general public and other agencies with the opportunity to submit comments as to the
2 contents of the Draft EIR; and
WHEREAS, pursuant to §15087 of CEQA, the Planning Division of the Community
3 Development Department of the City of San Bernardino released a Notice of Completion of
4 the Draft EIR for proposed Specific Plan 15-01 on July 29, 2016 for the CEQA-mandated
5 forty-five (45) day public review and comment period; and
6 WHEREAS, pursuant to §15086 of CEQA, the Planning Division of the Community
7 Development Department of the City of San Bernardino consulted with and requested
8 comments from all responsible and trustee agencies, other regulatory agencies, and other
9 during the CEQA-mandated forty-five (45) day public review and comment period; and
10 WHEREAS, the Planning Division of the Community Development Department of
the City of San Bernardino received two (2) comment letters from state agencies, one (1)
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comment letter from a local agency, and one (1) comment letter from an environmental
12 organization during the CEQA-mandated forty-five (45) day public review and comment
13 period; and
14 WHEREAS, pursuant to §15132 of CEQA, the applicant submitted and the Planning
15 Division of the Community Development Department of the City of San Bernardino accepted
16 the Final EIR for proposed Specific Plan 15-01, which consists of the following: 1) the
17 revised Draft EIR; 2) responses to comments on the Draft EIR; 3) CEQA Findings of Fact; 4)
18 Statement of Overriding Considerations; and, 5) Mitigation Monitoring and Reporting
Program; and
19 WHEREAS, on October 27, 2016, pursuant to the requirements of§19.64.040 of the
20 City of San Bernardino Development Code, the Development and Environmental Review
21 Committee reviewed the application and moved the Final EIR and Specific Plan 15-01 to the
22 Planning Commission for consideration; and
23 WHEREAS, on November 16, 2016, pursuant to the requirements of §19.64.050 of
24 the City of San Bernardino Development Code, the Planning Commission held the duly
25 noticed public hearing at which interested persons had an opportunity to testify in support of,
26 or opposition to the Final EIR submitted by the applicant for Specific Plan 15-01, and at
which meeting the Planning Commission adopted Resolution No. 2016-059 recommending to
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1 the Mayor and Common Council the certification of the Final EIR and the approval of
2 Specific Plan 15-01; and
WHEREAS, pursuant to the requirements of Chapters 19.64 of the City of San
3 Bernardino Development Code, the Mayor and Common Council has the authority to take
4 action on the Final EIR and Specific Plan 15-01; and
5 WHEREAS, notice of the December 19, 2016 public hearing for the Mayor and
6 Common Council's consideration of the proposed Resolution was published in The Sun
7 newspaper on December 2, 2016, in accordance with Development Code Chapter 19.52.
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9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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11 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
12 are true and hereby adopt and incorporate them herein.
13 SECTION 2. The Mayor and Common Council has independently reviewed, analyzed
14 and exercised judgment in finding that Specific Plan 15-01 will have significant unavoidable
15 impacts on the environment, however, based upon the CEQA Findings of Fact and Statement of
16 Overriding considerations, attached hereto as Exhibit A and incorporated by reference, the
17 Mayor and Common Council finds the impacts are acceptable because the benefits of the project
18 outweigh the environmental impacts. The CEQA Findings of Fact and Statement of Overriding
Considerations are hereby adopted. The Mayor and Common Council hereby adopts the
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Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B and incorporated by
20 reference, as a set of conditions under which Specific Plan 15-01 will be implemented and as
21 legally binding upon the City. The Mayor and Common Council hereby approves and certifies
22 the Final Environmental Impact Report, and incorporates the same herein by this reference, as
23 accepted by the Planning Commission to the effects of Specific Plan 15-01.
24 SECTION 3. Specific Plan 15-01, as approved by Ordinance, is incorporated herein
25 by reference.
26 SECTION 4. The Planning Division of the Community Development Department is
hereby directed to file a Notice of Determination with the County Clerk of the County of San
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1 Bernardino certifying the City's compliance with the California Environmental Quality Act in
2 certifying the Final EIR.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
3 clause or phrase in this Resolution or any part thereof is for any reason held to be
4 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
5 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
6 part thereof. The Mayor and Common Council hereby declares that it would have adopted
7 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
8 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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10 Exhibit A—Statement of Overriding Considerations
Exhibit B —Mitigation Monitoring and Reporting Program
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I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
2 (STATE CLEARINGHOUSE NO. 2015081086) FOR THE WATERMAN + BASELINE
NEIGHBORHOOD TRANSFORMATION SPECIFIC PLAN (SPECIFIC PLAN 15-01),
3 AND ADOPTING THE FINDINGS OF FACT, STATEMENT OF OVERRIDING
4 CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING
PROGRAM PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA
5 ENVIRONMENTAL QUALITY ACT.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
7 Council of the City of San Bernardino at a joint regular meeting thereof, held on the 19th day
8 of December, 2016, by the following vote,to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 BARRIOS x
12 VALDIVIA x
13 SHORETT x
14 NICKEL X
15 RICHARD x
16 MULVIHILL x
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18 C � City Clerk
George ,arena,
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20 The foregoing Resolution is hereby approved this day of Decem 2016.
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21 v
22 R. Carey Da is, Mayor
23 City of San ernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
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26 By:
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