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HomeMy WebLinkAbout38-Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: James G. Funk, Director Dept: Development Services ORIGINAL Subject: Uptown and Central City North Redevelopment Project Area Plan - reinstatement of eminent domain and other entitlement actions. Date: June 30, 2004 MCC Date: July 19 2004 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and said resolution be adopted. James G. Funk Contact person: Valerie Ross, City Planner Phone: 5057 Supporting data attached: Staff Report. Resolution Ward(s): 1 & 2 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda # 38 ~l/a/oy CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Uptown/Central City North -Reinstatement of Eminent Domain and Other Entitlement Actions -Final Program Envirommental Impact Report, Traffic hnpact Analysis, and General Plan Amendment No. 04-02 Mayor and Common Council meeting of July 19, 2004 Owner: Applicant: Various Economic Development Agency 201 North "E" Street, Suite 301 San Bernardino, CA 92401 BACKGROUND: The Community Development Commission directed staff to proceed with amendments to the Uptown and Central City North Redevelopment Project Area Plans to reinstate eminent domain. Central City North Redevelopment Project Area The Central City North Redevelopment Project Area is a 278-acre area delineated by Interstate 215 on the west, 8`h Street on the north, Arrowhead Avenue on the east, and 4`h/Court Street on the south. (Exhibit 1-A) Uptown Redevelopment Proi ect Area The Uptown Redevelopment Project Area includes 433 acres within two subareas in the City of San Bernardino. Subarea A is comprised of 349 acres of commercial area along Highland Avenue and Baseline Street from Interstate 215 on the west to Waterman Avenue on the east, and along "E" Street, between 80' Street on the south and Highland Avenue on the north. Subazea B is comprised of 84 acres bounded by 3`d Street and the Santa Fe Railroad yard to the north, Interstate 215 on the east, Rialto Avenue and King Street on the south, and Mt. Vernon Avenue on the west. (Exhibit 1-B) At the same time, EDA and City staff were working with Peazhnan Corporation on a conceptual development project, the Mercado Santa Fe, located in Subazea B of the Uptown Redevelopment Project. It was determined that the environmental document being prepared to address potential impacts resulting from the reinstatement of eminent domain should also address potential impacts related to the Mercado Santa Fe project. The Mercado Santa Fe project includes the demolition of approximately 75,000 square feet of retail buildings on approximately 9.2 acres and the construction of approximately 96,241 square feet of new retail buildings and related site improvements. (Exhibit 2) Uptown/CCN MCC Date: July 19, 2004 Page 2 of 4 Staff also decided to address potential impacts from an amendment to the General Plan to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block azea of approximately 19 acres bounded by 2"d and 3'~ Streets, between "K" Street and the I-215. Staff felt that the I-215 widening project provided opportunities for additional commercial development. This azea would serve as an entry to the Mercado Santa Fe project, as well as the Santa Fe Depot. It is anticipated that "K" Street and Kendall Avenue would be vacated with a future development project. (Exhibit 3) After reviewing the Initial Study prepazed for these actions, the Environmental Review Committee determined that an Environmental Impact Report (EIIt) would be required to address potential significant impacts. EDA and City staff retained LSA Associates to prepaze the EIR. Staff and the environmental consultant determined that a Program EII2 would be the appropriate document. A Notice of Prepazation was published in the San Bernardino County Sun and made available to public agencies. The public review period was February 17, 2004 through Mazch 17, 2004. The Notice of Completion of the Draft Program EIR was also published in the San Bernardino County Sun. Both documents were posted on the City of San Bemardino web page, distributed to public agencies, and made available to the Environmental Review Committed, Planning Commission and Mayor and Common Council. The public review period for the Draft Program EIIt was Apri18, 2004 through May 24, 2004. The comments received, and responses to those comments, aze included in the Final Program EIR. At their meeting of June 17, 2004, the Environmental Review Committee recommended certification of the Program EII2. At their meeting of June 22, 2004, the Planning Commission considered the Draft Program EIIi for the reinstatement of eminent domain and other entitlement actions. The Planning Commission adopted a resolution recommending that the Mayor and Common Council certify the Final Environmental Impact Report and adopt the Mitigation Monitoring Plan. (Exhibit 4) Commissioners Coute, Durr, Heasley, Sauerbrun, and Thrasher voted in favor of adopting the resolution. Commissioner Brown abstained, and Commissioners Enciso and Moms were absent. The Planning Commission considered General Plan Amendment No 04-02 at their meeting of July 7, 2004. This is the amendment referenced above to change the land use designation from IL to CG-1. They voted 5-0 to recommend adoption by the Mayor and Common Council. Commissioners Coute, Durr, Enciso, Heasley, and Sauerbrun were present and Commissioners Brown, Moms, and Thrasher were absent. Refer to the June 22, 2004 Planning Commission staff report (Exhibit 5) and the July 7, 2004 Planning Commission staff report (Exhibit 6) for additional background information. Uptown/CCN MCC Date: July 19, 2004 Page 3 of 4 FINANCIAL IMPACT: None; the Economic Development Agency paid the applicable processing and environmental fees. RECOMMENDATION: Staff recommends that the Mayor and Common Council close the public hearing and adopt the resolution related to the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Areas and other entitlement actions: • Adopting Facts, Findings and a Statement of Overriding Considerations, • Certifying a Final Program Environmental Impact Report, • Adopting the Mitigation Monitoring Plan, • Certifying a Traffic Impact Analysis Report, and • Adopting General Plan Amendment No. 04-02. Exhibits: 1 Redevelopment Project Area Location Maps 2 Conceptual Mercado Santa Fe Project 3 General Plan Amendment No. 04-02 Location Map 4 Planning Commission Resolution dated June 22, 2004 5 Planning Commission Staff Report dated June 22, 2004 (excluding Attachments) 6 Planning Commission Staff Report dated July 7, 2004 (excluding Attachments) 7 Resolution to adopt the Facts, Findings and Statement of Overriding Consideration, certify the Final Program Environmental Impact Report, adopt the Mitigation Monitoring Plan, certify the Traffic Impact Analysis Report, and adopt General Plan Amendment No. 04-02 Uptown/CCN MCC Date: July 19, 2004 Page 4 of 4 ` EXHIBIT 1-A -, CIS a oso ~ Isoa ~. ' FEEL j 259 ti ~ W W W ~ h x__ ~ ~l5 L.t~ W 2 w ¢ W o w 3 w 3' c ~ ~ ~ w a ~ .. ¢ ~ W ~ h Q 3 W. PROJECr - Locnnon B ASELINE STREET ,. i 11th STREET 10th STREET 9th STREET 8th STREET 5TH STREET F-' aJr1 ', ~: ~ LSA ', UPTOWti REU EVELOPAIENT PROD F.CT ___ SU eAR E.~"A" SocRCE: reom.~s BROS. Hors. ~nol. FIGURE 2 San Bernardino RedevelopmentAgenry/ Mercado Santa Fe Initial Study Uptown Redevelopment Project Subarea A R:ZRD2J I'~Gmphici~IS'aub a.cAr p.Y/M) EXHIBIT 1-A 5TH STREET is B:VSF RR (UP RRJ 3RD STREET 2N6 STREET W W KING STREET y Z C7 2 RIALTO AVENUE w ~. ioc°naoTiv BNSFRR 2 O _ R F- 1- F- W 15 ~ w ~ W ~ y ~ Y ~ o sao ® eoo' ' GlEi' LSA UPTOWN REUEVELOPMEN"C PROJ ECT ___r SUBAREA"B" FIGURE 3 San Bernardino Redeuelopment.9genry/ hfercado Santa Fe Initial Study Uptown Redevelopment Project 50U RC E: THOMAS ftR05. M11AP5,'001. RaCBD771'.Graphics\LS'nub b.cdr 1 I %9!M) ` EXHIBIT 1-B `15 ~DC4nos 8TH STREET w 7TH STREET ` ti ti h W 2 ~ ~ ~ 'v~ LL ~ ~ 6TH... STREET W W ~ ti 2 y W W ¢ 5TH STREET" p W 3 0 'dTH STREET' ¢ 3RD STREET l5 2ND STREET ~',. ~ W w o goo eoo ~, FEE® ~ ~ RIALTO AVENUE LSA ~ CENTRAL CITY'NOR'iH REDEVELOPMENT _. '. PROJECT AREA FIGURE 4 San Bernardino RedeuelopmentAgency/ ~blercado Santa Fe Initial Study Central City North souse E TeoMAS eaos. htArs. znn I. Redevelopment Project Area R:'~C~DS? I':GrnphinJS'¢entral.cdr I I!9!W) ~. ,~ io l ~~ jj ~ ii ? ~~ ~ ~ ., ~' ',i ~ L ~~~ v ~+ ,$® G.- ~ :~a 'r / ~ ~~ ,~ I ~v ~ 1 ;1~ ;~a..:., ~' ~ ~ - °+ I' ~..._. m` i. Fps '.. b ~~~ ~_ t G ,Cv ~ .~ _ I l ~t ~ :' ,.:.. `,~,~ F.~ j:: ` I Sri, r' a ~ ~ ~ EXHIBIT 2 ~! ~~} ~+ Y ~I j~ l~ ~ ,' y, ~~ ~ ~ ~~ .~ i 1 L o" r iv ~ S i c Q a~ ~~ ~ aa ~4 t~ g yX to S L F- '{-i ~: ~~ t' ., E~i~ i•vurnrm 2 ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP PROJECT: GPA 0402 LAND USE DISTRICTS HEARING DATE: 7/7/04 4 NORTH L . ~ -~~ _ . e •~ „~ --____-_r~.l ~ . roPEK• ~ I > w i I ~ ~ ~ rc Nu~w~r raNOS P~~bct 3 ° Street s t[N T N~ ~ ~ ~~' ~ ~~ I> ~ S ~ r 2nd Sheet ~ M~ `' _ ~~~ .Rialto Avenue Y ii N '~ '-, U N T lyT~ j Get RIT~ ~~R IN ~ ` f ~~ ' ~ ~ ~ W i~ Y ~~ •• ~ T • O _ u i ~ / d_ ~ r ' G '~ Fi !T. H s p i ~ I,~,,~z 1 C E PEN4N21 ST ~ ~ t 1 2 3 4 5 6 7 8 9 l0 l] 12 13 14 ~X6 - l5 l6 17 18 19 21 231 241 EXHIBIT 4 RESOLUTION NO. ;;2~x;y _ c ~ RESOLUT[ON OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO RECOMMENDING CERTIFICATION OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTION OF THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLANS AND OTHER ENTITLEMENT ACTIONS SECTION I. RECITALS (a) WHEREAS, the Mayor and Common Council adopted the General Plan for the City of San Bemazdino by Resolution No. 89-159 on June 2, 1989; and (b) WHEREAS, on February 5, 2004, the Environmental Review Committee determined that the amendments to the Uptown and Central City North Redevelopment Project Area Plans, the development of the Mercado Santa Fe project, an amendment to the City's General Plan to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block azea bounded by I-215 on the east, "K" Street on the west, 3rd Street on the north, and 2"d Street on the south, and the vacation of "I" Street and Kendall Avenue within this two block area could have a significant effect on the environment and thus warranted the preparation of an Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA); and (c) WHEREAS, a Program Environmental Impact Report (EIR) was prepazed for the reinstatement of eminent domain and other entitlement actions and circulated for public review and comment from April 8, 2004 through May 24, 2004 and all comments relative thereto have been reviewed by the Environmental Review Committee; and (d) WHEREAS, the Environmental Review Committee determined that Program 27 28 Environmental Impact Report and Comments and Responses constitute the Final EIR, and the -t- Final EIR is in compliance with the California Environmental Quality Act and local regulations; 6 7 8 9 10 11 l2 13 14 4. c?._> ri~r. ~' 15 16 17 18 19 20 2l 27 28 2 and 3 4 (e) WHEREAS, the Environmental Review Committee independently reviewed, analyzed, and exercised judgement in reviewing the Draft Program EIR, comments received, responses to comments, and Mitigation Monitoring Plan in making its determination; and (f) WHEREAS, the Planning Commission conducted a noticed public hearing on June 22, 2004 in order to receive public testimony and written and oral comments on the Program Environmental Impact Report, comments and responses, and Mitigation Monitoring Plan; and (g) WHEREAS, the Planning Commission has considered the Program EIR, comments and responses, Mitigation Monitoring Plan, other pertinent reports and documents, and fully reviewed and considered the staff report and the recommendation of the Environmental Review Committee; and (h) WHEREAS, the Planning Commission, after receiving public testimony, recommended certification of the Program Environmental Impact Report and adoption of the Mitigation Monitoring Plan. SECTION II. ENVIRONMENTAL IMPACT REPORT NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE AS FOLLOWS: The Program Environmental Impact Report for the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans, the development of the Mercado Santa Fe project, an amendment to the City's General Plan to change the land use -2- 1 2 3 4 5 6 7 designation from IL, Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3rd Street on the north, and 2nd Street on the south, and the vacation of "I" Street and Kendall Avenue within this two block azea has been completed in compliance with the California Environmental Quality Act.. The FEIR, including the Mitigation Monitoring Plan, and al] the evidence and information contained therein and the Facts, Findings and Statements of Overriding Consideration aze on file with the Development Services Department. (Site Vicinity Map) aze attached and incorporated herein by reference; SECTION III. TRANSMITTAL OF RESOLUTION ;;':; , ;~ , f_. ,:, 10 11 12 13 14 l5 16 17 l8 19 20 21 The Planning Commission Secretary is hereby directed to transmit a copy of this Resolution to the Mayor and Common Council and the Community Development Commission for consideration. //~ //! /// -3- Qa..~...... 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 :';, `= 15 16 17 18 21~ 23 24 25 26 27 28 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO RECOMMENDING CERTIFICATION OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTION OF THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS AND OTHER ENTITLEMENT ACTIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by Planning Commission of the City of San Bernardino at a ~ ~ meeting thereof, held on the _~~ day of ~, 2004, by the following vote to wit: Commission Members: Aves Navs Abstain Absent Brown Coute Durr Enciso Heasley ~ _ Moms ~ _ Sauerbrun ~ _ Thrasher Linda Dortch, Planning Commission Secretary The foregoing resolution is hereby approved this ~~~ day of /-~, , r" , 2004. Carol Thrasher; ', Chairperson Approved as to form and Legal Content: James F. Penman City Attorney By: Sr. D~~vN~~+~Ah•a~r~cy -a- O L4.'TFy r.Y EXHIBIT 5 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Uptown/Central City North Redevelopment Project Areas AGENDA ITEM: 6 HEARING DATE: June 22, 2004 WARD: 1 and 2 APPLICANT: OWNERS: City of San Bernazdino Various Economic Development Agency 201 N. "E" Street San Bernazdino, CA 92401 REQUEST/LOCATION: Adoption of a resolution recommending certification of the Final Program Environmental Impact Report for the reinstatement of eminent domain and other entitlement actions in the Uptown and Central City North Redevelopment Project Area Plans. CONSTRAINTS/OVERLAYS: N/A ENVIRONMENTAL FINDINGS: ^ Not Applicable Exempt ^ No Significant Effects a Program Environmental Impact Report -Potential Effects, Mitigation Measures and Mitigation Monitoring Plan STAFF RECOMMENDATION: a Approval ^ Conditions ^ Denial ^ Continuance to: Uptown/CCN Meeting Date: June 22, 2004 Paget REQUEST The Economic Development Agency requests that the Planning Commission recommend certification of the Final Program Environmental Impact Report for the reinstatement of eminent domain in the Uptown and Central Ciry North Redevelopment Project Areas and other entitlement actions. LOCATION AND DESCRIPTION Central City North Redevelopment Proiect Area The Central City North Redevelopment Project Area is a 278-acre area delineated by Interstate 215 on the west, 8'" Street on the north, Arrowhead Avenue on the east, and 4`"/Court Street on the south. (Attachment A) The proposed text changes to the Plan do not amend, modify, change, or affect the physical or regulatory environment with regazd to implementation of the Uptown Redevelopment Plan. The use of eminent domain in the Central City North Redevelopment Project Area was originally part of the Central City North Redevelopment Plan when it was adopted in February 1973. This Plan was considered and evaluated in the Overall Central City Plan and Program EIR prepazed for the Plan in 1975. Eminent Domain powers in Central City North expired on January 1, 1999. Untown Redevelopment Project Area The Uptown Redevelopment Project Area includes 433 acres within two subazeas in the City of San Bernardino. Subazea A is comprised of 349 acres of commercial area along Highland Avenue and Baseline Street from Interstate 215 on the west to Waterman Avenue on the east, and along "E" Street, between 8`" Street on the south and Highland Avenue on the north. Subarea B is comprised of 84 acres bounded by 3'' Street and the Santa Fe Railroad yard to the north, Interstate 215 on the east, Rialto Avenue and King Street on the south, and Mt. Vernon Avenue on the west. (Attachment B) The proposed text changes to the Plan do not amend, modify, change, or affect the physical or regulatory environment with regard to implementation of the Uptown Redevelopment Plan. The use of eminent domain in the Uptown Redevelopment Project Area was originally part of the Uptown Redevelopment Plan when it was adopted in May 1986. This Plan was considered and evaluated in the Uptown Program EIR prepazed for the Plan in 1986. Eminent domain powers in the Uptown Redevelopment Project Area expired June 18, 1998. In addition to the reinstatement of eminent domain, there aze two projects proposed for Subazea B. The first is a project which includes the development of approximately 88,000 squaze feet of commercial space (general retail) and 550 parking spaces on 8.9 acres. The proposed project may include additional parking in the form of atwo-level, 240-space pazking structure intended for use of Metrolink passengers who boazd across 3`" Street adjacent to the Santa Fe Depot. This project would require the removal of three single family residences and 72,500 squaze feet of commercial buildings that are partly vacant and partly used for general retail. The houses have been acquired by the EDA. Two were vacant and the tenants in the third house were relocated. (Attachment C) The second project is aCity-initiated General Plan Amendment to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block azea bounded by I-215 on the east, "K" Street on the west, 3rd Street on the north, and 2nd Street on the south. Both "I" Street and Kendall Avenue would be vacated in this two-block azea. (Attachment D) The CG-1 designation provides for a vaziety of retail, personal services, entertainment, and office uses. Although no commercial development is proposed at this time, the City believes there is potential with completion of the Santa Fe Depot rehabilitation project. In addition to the rehabilitation of the Santa Fe Depot, Caltrans proposes to widen the I-215 and complete on/off ramp modifications. BACKGROUND The Community Development Commission is the lead agency, as outlined in the California Environmental Quality Act (CEQA), for certifying an EIR as it relates to the reinstatement of eminent domain in redevelopment project azeas. With the inclusion of the conceptual Mercado Santa Fe project and the General Plan Amendment, the City became the lead agency for CEQA purposes. The Mercado Santa Fe project has not been submitted and no entitlements aze requested at this time. The General Plan Amendment will be scheduled for consideration by the Planning Commission at a later date. The reinstatement of eminent domain will be considered by the Community Development Commission in July 2004. ENVIRONMENTAL REVIEW PROCESS The City and the Economic Development Agency retained Lilbum Corporation to prepaze an Initial Study to determine potential impacts related to the reinstatement of eminent domain and other entitlement actions. At their meeting of February 5, 2004 the DevelopmentBnvironmental Review Committee (DBRC) reviewed the Initial Study prepazed for the Uptown and Central City North Redevelopment Project Area Plans, and other entitlement actions. The D/ERC concurred that Initial Study adequately addressed the issues and determined that a Program Environmental Impact Report (EIR) would be required. The City and the Economic Development Agency retained LSA Associates to prepaze the EIR. The Notice of Prepazation was published in the San Bernardino County Sun and public agencies. The public review period for the Notice of Prepazation was February 17, 2004 through March 17, 2004. Upon completion of the Draft Program EIR, the Notice of Completion was published in the San Bernardino County Sun. The Draft Program EIR was made available for public review at the City of San Bemazdino Development Services Department, the Feldheym Central Library, and the City of San Bemazdino web site. It was also distributed to public agencies and made available to the Development/Environmental Review Committee, Planning Commission, and Mayor and Common Council. The public review period was Apri18, 2004 through May 24, 2004. Comments were received from four agencies and aze included in the Final Program EIR package, along with staff responses. As analyzed in the Draft Program EIR and summarized in Table 1.A in the Executive Summary, the impacts that cannot be mitigated to a level of less than significant with mitigation measures aze certain air quality and traffic impacts related to development of the Mercado Santa Fe project. There aze no significant impacts related to the reinstatement of eminent domain. There aze potential for impacts from future development within the proposed General Plan Amendment area. Those impacts cannot be specifically identified or quantified until such time as an actual development project is proposed. However, it is likely that development of this azea will result in impacts similaz to those related to development of the Mercado Santa Fe project. At their meeting of June 17, 2004, the Development/Environmental Review Committee recommended certification of the Program EIR. The Environmental Review Committee independently reviewed, analyzed, and exercised judgement in reviewing the Draft Program EIR, comments received, responses to comments, and Mitigation Monitoring Plan in making its determination. CONCLUSION The Final Program EIR adequately addresses impacts resulting from the reinstatement of eminent domain, development of the Mercado Santa Fe project, approval of a General Plan Amendment to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3'd Street on the north, and 2nd Street on the south, and the vacation of "I" Street and Kendall Avenue in this two-block azea. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the Mayor and Common Council certify the Final Environmental Impact Report (SCH 2003031072) and adopt the Mitigation Monitoring and Reporting Program. Respectfully Submitted, James Funk Director, Development Services ~G. ~~ Valerie C. Ross Deputy Director/City Planner ATTACHMENTS A -Uptown Redevelopment Project Area Map B -Central City North Redevelopment Project Area Map C -Conceptual Mercado Santa Fe Project D -General Plan Amendment Area E -Draft Program Environmental Impact Report (distributed under sepazate cover Apri18, 2004) F -Final Program Environmental Impact Report G -Resolution EXHIBIT 6 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 04-02 AGENDA ITEM: 2 HEARING DATE: July 7, 2004 WARD: 1 APPLICANT: OWNERS: City of San Bernazdino Various Economic Development Agency 201 N. "E" Street San Bernazdino, CA 92401 REQUEST/LOCATION: Approval of an amendment to the General Plan to change the land use designation from II., Industrial Light to CG-1, Commercial General for a two block area located between 2"d and 3'~ Streets and between "K" Street and I-215. CONSTRAINTS/OVERLAYS: N/A ENVIRONMENTAL FINDINGS: - ^ Not Applicable Exempt o No Significant Effects ® Program Environmental Impact Report -Potential Effects, Mitigation Measures and Mitigation Monitoring Plan STAFF RECOMMENDATION: a Approval ^ Conditions ^ Denial ^ Continuance to: General Plan Amendment No. 04-02 Meeting Date: 07.07.04 Page 2 of 4 REQUEST AND LOCATION The Economic Development Agency requests that the Planning Commission recommend approval of an amendment to the General Plan to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block azea located between 2"" and 3"' Streets and between "K" Street and I-215. BACKGROUND The Economic Development Agency is processing amendments to the Uptown and Central City North Redevelopment Project Plans to reestablish eminent domain. The amendment azea is located within Subazea B of the Uptown Redevelopment Project Area. No development is proposed for this azea at this time. It is anticipated that with a future development project that both "I" Street and Kendall Avenue would be vacated in this two-block area. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS The City and the Economic Development Agency retained LSA Associates to prepaze a program Environmental Impact Report (EIR) to address potential significant impacts related to reinstating eminent domain in the two redevelopment project areas, development of the conceptual Mercado Santa Fe project, and the proposed General Plan Amendment, including the street vacation. At the June 22, 2004 meeting, the Planning Commission adopted a resolution recommending that the Mayor and Common Council certify the Final Environmental Impact Report (SCH 2003031072) and adopt the Mitigation Monitoring Plan. Based on the analysis in the Draft Program EIR, it was determined that there would be impacts that cannot be mitigated to a level of less than significant with mitigation measures. Typical of many development projects, those impacts aze related to certain air quaility and traffic impacts associated with the development of the Mercado Santa Fe project and future development within the proposed General Plan Amendment area. As noted previously, impacts associated with an undefined, future project cannot be identified or quantified until such time as an actual development project is proposed. However, it is likely that development of this area will result in impacts similar to those related to development of the Mercado Santa Fe project. FINDINGS AND ANALYSIS Is the proposed amendment internally consistent with the General Plan? The proposed amendment is internally consistent with the General Plan in that it meets General Plan Goal 1 G(c) in that it would provide for the revitalization, adaptive ruse, and upgrade of a deteriorated neighborhood in that it would facilitate redevelopment efforts in the area. The proposed amendment is internally consistent with the General Plan in that it meets General Plan Goal 1G(n) in that it would facilitate development that would be compatible with the historic Santa Fe Depot and it would help to establish San General Plan Amendment No. 04-02 Meeting Date: 07.07.04 Page 3 of 4 Bernazdino as a unique and distinctive place in the Inland Empire and southern California region. 2. Would the proposed amendment be detrimental to the public interest, health, safety, convenience, or welfare of the City? The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that any development project would be required to provide full site improvements as per Development Code requirements, as well as meeting current Building and Fire Code requirements, that improve the public interest and welfare: 3. Would the proposed amendment maintain the appropriate balance of land uses within the City? The proposed amendment would not impact the balance of land uses within the City in that the proposed change in land use designation represents a relatively small percentage of the overall land uses within the City. There are numerous other azeas in the City that aze designated for light industrial uses. 4. In the case of an amendment to the General Plan Land Use Map, are the subject parcel(s) physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s)? The amendment azea consists of many existing lots of record that are not physically suitable for development under the existing IL, Industrial Light land use designation because of their relatively small size. They are also too small to accommodate commercial development as would be permitted under the CG-1, Commercial General land use designation. However, it is anticipated that with the widening of I-215, development of the Mercado Santa Fe project, and the proximity to the renovated Santa Fe Depot, the change in land use designation will provide an incentive to property owners and/or developers to consolidate pazcels to facilitate a cohesive development. The amendment area has services and utilities available to accommodate commercial development. CONCLUSION. The proposal meets all necessary Findings of Fact for approval of the General Plan Amendment. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve General Plan Amendment No 04-02. General Plan Amendment No. 04-02 Meeting Date: 07.07.04 Page 4 of 4 Respectfully Submitted, ~~Y~~ ~; James Funk Director, Development Services j~~u,~G.~t~.e~- Valerie C. Ross Deputy Director/City Planner ATTACHMENTS A -Location Map ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA 0402 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 7/7/04 NORTH ~~ - --- ~'c ~ N ~ i 1 ~ ~ / ~~~ C TOPE e• ~ i > q f[ RAIL WIT TfNCf CCN T IM I I ~ Street ~ i o ••gbce sn• d ~ ~ Ind _ ~le`it• \ ~> _ at ~~ Y ~ ' I ~ i4 ::: i s ~ 2n° Street - m ~~ N ~ _ ~'~ Rialto Avenue Y LL -- ~ .: N S T e rr ~Yh fT G~t- RIT LN U ~~ ~ ~~ x ~ V ~ .~ W r L ~ TJ" I r' _ I • `f e -~ fib Ff R. P G~ 'I p E PER4NZP ST ~ ~ f lIR ~ CI (© V o p~ 1 ~ O 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 3 FACTS, FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION, CERTIFYING THE PROGRAM ENVIRONMENTAL 4 IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN 5 FOR THE REINSTATEMENT OF EMINENT DOMAIN IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA G PLANS AND OTHER ENTITLEMENT ACTIONS, CERTIFYING THE TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL 7 PLAN AMENDMENT N0.04-02. 8 9 SECTION I. RECITALS 10 (a) WHEREAS, the Mayor and Common Council adopted the General Plan for 11 the City of San Bernardino by Resolution No: 89-159 on June 2, 1989; and 12 (b) WHEREAS, on February 5, 2004, the Environmental Review Committee 13 determined that the reinstatement of eminent domain in the Uptown and Central City North 14 Redevelopment Project Area Plans, the potential development of the Mercado Santa Fe 15 16 project, an amendment to the City's General Plan to change the land use designation from IL, 17 Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the 18 east, "K" Street on the west, 3`a Street on the north, and 2"d Street on the south, and the 19 vacation of "I" Street and Kendall Avenue within this two block area could have significant 20 effects on the environment and thus wan•anted the preparation of a Program Environmental 21 Impact Report pursuant to the California Environmental Quality Act (CEQA); and 22 23 (c) WHEREAS, the City held a public scoping meeting to solicit public 24 comments on the preparation of the Draft EIR, and 25 (d) WHEREAS, the lvTotice of Intent of the City to prepare a Draft Program 26 Environmental Impact Report was made known to the public, responsible agencies and other 27 28 D -~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 l8 19 interested persons for their concerns and comments from February 17, 2004 through March 17, 2004 as required by CEQA; and (e) WHEREAS, a Draft Program EIR was prepared to address the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans and other entitlement actions; and (f) WHEREAS, the Draft Program EIR was made available to the public, responsible agencies and other interested persons for their review and comment April 8, 2004 through May 24, 2004 as required by CEQA; and (g) WHEREAS, verbal and written comments were received on the Draft Program EIR; and (h) WHEREAS, these comments were responded to both orally and in writing as required by CEQA; and (i) WHEREAS, the Planning Commission conducted a noticed public hearing on June 22, 2004 in order to receive public testimony and written and oral comments on the Draft Program EIR as it related to the conceptual Mercado Santa Fe Project and proposed General Plan Amendment; and (j) WHEREAS, the Planning Commission conducted a noticed public hearing on 2l'. July 7, 2004 in order to receive public testimony and written and oral comments on General Plan Amendment No. 04-02; and (k) WHEREAS, the Development Services Department Staff Report June 22, 27 28 2004, which summarizes the potential effects of the conceptual Mercado Santa Fe Project and proposed General Plan Amendment; and -2- 1 2 3 4 5 7i 81 10 11 ]2 13 14 15 16 17 l8 19 (1) WHEREAS, the proposed Mitigation Monitoring Plan was reviewed by the Planning Commission in compliance with CEQA; and (m) WHEREAS, the Planning Commission, after receiving public testimony, recommended certification of the Environmental Impact Report, adoption of the Facts, Findings and Statements of Overriding Consideration, and adoption of the Mitigation Monitoring Plan; and (n) WHEREAS, on November 3, 1993 the San Bernardino Associated Govemments adopted the Congestion Management Program (CMP) pursuant to California Government Code Section 65089.3(a) which requires the county and cities to adopt and implement "a program to analyze the impacts of land use decisions, including an estimate of the costs associated with mitigating these impacts" on the CMP network of roadways; and (o) WHEREAS, the Mayor and Common Council adopted a Land Use/Transportation Analysis Program for the City pursuant to the CMP for the City of San Bernardino by Resolution No. 93-74 on March 22, 1993; and (p) WHEREAS, in 1997, the San Bernardino Associated Governments updated the County Congestion Management Program; and (q) WHEREAS, the City determined that the reinstatement of eminent domain in O 2] 24 25 26 27 28 the Uptown and Central City North Redevelopment Project Area Plans, the potential development of the Mercado Santa Fe project, an amendment to the City's General Plan to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3`d Street on the north, and 2nd Street on the south, and the vacation of "I" Street and Kendall Avenue within this two block area would exceed the CMP threshold for two-way peak hour trips established in the -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City's Resolution No. 93-74 and thus warranted the preparation of a Transportation Impact Analysis (TIA) Report pursuant to the Congestion Management Program; and (r) WHEREAS, a Draft TIA Report was prepared to address the traffic impacts of the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans and other entitlement actions on designated CMP roadways and Freeways, appropriate mitigation and fair share contribution toward CMP roadway and Freeway improvements; and (s) WHEREAS, the Draft TIA Report was made available to the various regional and sub-regional agencies and to the adjacent jurisdictions for their review during a 21-day review period which began on Apri18, 2004 and ended on May 24, 2004 as required by the CMP; and (t) WHEREAS, verbal and written comments were received on the Draft TIA Report and responded to via changes to the Draft TIA Report; and (u) WHEREAS, the Mayor and Common Council conducted a noticed public hearing on July 19, 2004, and fully reviewed and considered the Draft Program EIR, Final Program EIR, Mitigation Monitoring Plan, Facts, Findings and Statement of Overriding Consideration, [he Planning Division staff reports, the resolution of the Planning Commission, and fully reviewed and considered the Draft TIA Report. SECTION II. FACTS. FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATION NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE MAYOR AND COMMON COUNCIL HEREBY CERTIFY: -a- 2 I A. The findings contained in the Facts, Findings and Statement of Overriding Consideration with respect to the significant impacts identified in the Final Program EIR are true and correct, and are based upon substantial evidence in 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 the record, including documents comprising the Final Program EIR. SECTION III. PROGRAM ENVIRONMENTAL IMPACT REPORT NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE MAYOR AND COMMON COUNCIL HEREBY CERTIFY: A. The Program Environmental Impact Report for the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans, the potential development of the Mercado Santa Fe project, General Plan Amendment No. 04-02, to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3`a Street on the north, and 2"a Street on the south, and the vacation of "I" Street and Kendall Avenue within this two block area has been completed in compliance with the California Environmental Quality Act. The Final Program EIR (including the Mitigation Monitoring Plan) and all the evidence and information contained therein and the Facts, Findings and Statement of Overriding Consideration are on file with the City Clerk's Office. Attachment A (Facts, Findings and Statement of Overriding Consideration), Attachment B (Draft Program EIR), Attachment C (Final Program EIR), and Attachment D (Mitigation Monitoring Plan) are attached and incorporated herein by reference; 28 -5- B. The Final Program EIR was presented to the Mayor and Common Council ~ 2 31 4~'~ 5 6 7 8 9 10 ]1' l2' 13 ® 14 15 16 17 21 who have reviewed and considered the information in the Final Program EIR prior to approving any amendments to the Uptown and Central City North Redevelopment Project Area Plans. C. The Final Program EIR has identified all significant environmental effects of the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans, the potential development of the Mercado Santa Fe project, an amendment to [he City's General Plan to change [he land use designation from IL, Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3`d Street on the north, and 2"d Street on the south, and the vacation of "I" Street and Kendall Avenue within this two block area. D. Although the Final Program EIR identifies certain significant environmental effects that would result if the development of the Mercado Santa Fe project occurs, and future development occurs within the General Plan Amendment azea, all significant effects that can feasibly be avoided or mitigated will be avoided or mitigated by the implementation of the mitigation measures as set forth in the Mitigation Monitoring Plan for the Final Program EIR. The Mitigation Monitoring Plan and all information contained therein is included 23 24 25 26 27 28 in the Final Program EIR and incorporated herein by reference; E. Potential mitigation measures and other project alternatives not incorporated into or adopted as part of the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans, the potential -6- 2~ 2~ development of the Mercado Santa Fe project, an amendment to the City's General Plan to change the ]and use designation from IL, Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3'd Street on the north, and 2nd Street on the south, and the vacation of "I" Street and Kendall Avenue within this two block area were rejected as infeasible, based on specific economic, social, or other considerations as set forth in the Facts, Findings and Statements of Overriding Consideration. The Facts, Findings and Statements of Overriding Consideration and all the evidence and information contained therein are on file in the City Clerk's Office and incorporated herein by reference; The Mayor and Common Council have given great weight to the significant unavoidable adverse environmental impacts. The Mayor and Common Council find that the significant unavoidable adverse impacts are clearly outweighed by the economic, social, cultural and other benefits of the reinstatement of eminent domain in the Uptown and Central City North Redevelopment Project Area Plans, the potential development of the Mercado Santa Fe project, the amendment to the City's General Plan to change the land use designation from IL, Industrial Light to CG-1, Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3`d Street on the north, and 2nd Street on the south, and the future vacation of "I" Street and Kendall Avenue within this two block area, as set forth in the Facts, Findings and Statements of Overriding Consideration. ~- 1 2 G. The Final Program Environmental Impact Report, Mitigation Monitoring Plan, and the Facts, Findings and Statements of Ovemding Consideration 3 reflect the independent review, analysis and judgment of the City of San 4 5 Bemardino. g SECTION IV. GENERAL PLAN AMENDMENT FINDINGS 7 BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 8 THE CITY OF SAN BERNARDINO THAT: 9 A. The proposed amendment is internally consistent with the General Plan in that it 10 meets General Plan Goal 1 G(c) in that it would provide for the revitalization, adaptive 11 l2 ruse, and upgrade of a deteriorated neighborhood in that it would facilitate 13 redevelopment efforts in the area. The proposed amendment is intemally consistent ® 14 with the General Plan in that it meets Genera] Plan Goal 1 G(n) in that it would 15 facilitate development that would be compatible with the historic Santa Fe Depot and 16 it would help to establish San Bernardino as a unique and distinctive place in the 17 Inland Empire and southern California region. 18 B. The proposed amendment would not be detrimental to the public interest, health, 19 20 safety, convenience, or welfare of the City in that airy development project would be 21 required to provide full site improvements as per Development Code requirements, as 22 well as meeting current Building and Fire Code requirements, that improve the public 23 interest and welfare. In addition, all development will be in accordance with all 24 mitigation measures identified in the EIR and contained within the Mitigation 25 Monitoring Plan. 26 ("~ 27 ~-/ 28 -8- 2 C. The proposed amendment would not impact the balance of land uses within the City in that the proposed change in land use designation represents a relatively small percentage of the overall land uses within the City. There are numerous other areas in ~-/ 5 6 7 8 9 10 ]1 ]2 13 14 15 l6 17 18 19 20 2] 22 23 24 25 26 27 the City that are designated for light industrial uses. D. In the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s) in that all required utilities and public services can adequately serve the site. The amendment area consists of many existing lots of record that are not physically suitable for development under the existing IL, Industrial Light land use designation because of their relatively small size. They are also too small to accommodate commercial development as would be permitted under the CG-1, Commercial General land use designation. However, it is anticipated that with the widening of I-215, development of the Mercado Santa Fe project, and the proximity to the renovated Santa Fe Depot, the change in land use designation will provide an incentive to property owners and/or developers to consolidate parcels to facilitate a cohesive development. The amendment area has services and utilities available to accommodate commercial development. SECTION V. TRAFFIC IMPACT ANALYSIS REPORT A. The TIA Report for the reinstatement of eminent domain in the Up[own and Central City North Redevelopment Project Area Plans and other entitlement actions has been completed in compliance with the regional CMP and the City's Land -9- Use/Transportation Analysis Program and found to be consistent with the regiona] Congestion Transportation Plan model. The TIA Report and all the evidence and information contained therein is attached hereto as Attachment E (Draft TIA Report) 5 6 7 8 9 10 11 l2 13 14 15 16 and incorporated herein by reference. B. The TIA Report was presented to the Mayor and Common Council who reviewed and considered the information in the land use decision and traffic impact mitigation process prior to adopting the Statements of Overriding Consideration, certifying the Final Program Environmental Impact Report (SCH 2003031072), adopting the Mitigation Monitoring Plan, approving General Plan Amendment No. 04-02, reinstating eminent domain in the Uptown and Central City North Redevelopment Project Area Plans, and any other land use entitlements. C. The TIA Report has identified all of the traffic impacts to designated CMP roadways and Freeways, the appropriate mitigation and fair share contribution toward CMP roadway and freeway improvements. D. All of the traffic impacts to the City circulation system, including CMP roadways, can be mitigated by the implementation of the mitigation measures as identified in the TIA Report. 2l E. The traffic impacts to I-10 and I-215 cannot be mitigated to a level of less than significant. Improvements to the freeway system are under the authority of the State Department of Transportation. There is no mechanism for project proponents to pay 24 25 26 Q 27 28 fees or make fair share contributions toward mitigating impacts to the freeway system. t o- 1 (~ 2 F. The Mayor and Common Counci] have given great weight to the traffic impacts to designated CMP roadways and freeways, the appropriate mitigation and fair share 3 4 contribution toward CMP roadway and freeway improvements. 5 SECTION VI. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT 6 NOVI', THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 7 Mayor and Common Council that the Final Program Em~ironmental Impact Report is 8 certified, the Facts, Findings and Statement of Overriding Consideration are adopted, and the 9 Mitigation Monitoring Plan is adopted. 10 SECTION VII. CERTIFICATION OF THE TRAFFIC IMPACT ANALYSIS 11 12 REPORT 13 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the © 14 Mayor and Common Council that the Traffic Impact Analysis (TIA) for the reinstatement of 15 eminent domain in the Uptown and Central City North Redevelopment Project Area Plans, l6 the potential development of the Mercado Santa Fe project, an amendment to the City's 17 General Plan to change the land use designation from IL, Industrial Light to CG-1, l8 19 Commercial General for a two block area bounded by I-215 on the east, "K" Street on the 20 west, 3'd Street on the north, and 2"d Street on the south, and the vacation of "I" Street and 2l Kendall Avenue within this two block area is certified and hereby adopted. 22 SECTION VIII. GENERAL PLAN AMENDMENT 23 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED BY THE 24 MAYOR AND COMMON COUNCIL THAT: 25 A. The Land Use Element of the General Plan of the City of San Bernardino is 26 27 amended by changing the land use designation from IL, Industrial Light to CG-1, 28 _~t_ `~/ 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 211 241 26 27 28 Commercial General for a two block area bounded by I-215 on the east, "K" Street on the west, 3`d Street on the north, and 2"d Street on the south. The 19.02-acre General Plan Amendment area is shown on the Site Vicinity Map that is attached hereto as Attachment F and incorporated herein by reference. B. The amendment described in Section I., Subsection (b), is designated as General Plan Amendment No. 04-02 and shall take effect upon adoption of this resolution by the Mayor and Common Council. SECTION IX. NOTICE OF DETERMINATION The Planning Division is hereby directed to file a Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors certifying the City's compliance ~s~ith the California Environmental Quality Act in preparing and adopting the Final Program Environmental Impact Report, Facts, Findings and Statement of Overriding Consideration and Mitigation Monitoring Plan. A copy of the Notice of Determination will be forwarded to the State Clearinghouse. tz- V 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 24 j 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE STATEMENTS OF OVERRIDING CONSIDERATION, CERTIFYING THE PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLANS AND OTHER ENTITLEMENT ACTIONS, AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote to wit: Council Members: Aves Navs Abstain Absent ESTRADA . LONGVILLE MCGINNIS DERRY KELLEY JOHIv~SON MC CAMMACK Rachei G. Clark, City Clerk The foregoing resolution is hereby approved this day of , 2004. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal Content: Jame City By: -13- ~` CITY OF SAN BERNARDINO Development Services Department -Planning Division RE~FIV' ~' ~~ ~ y ~~Eltll Interoffice Memorandum ~ ~ 12 PS:1i TO: Mayor and Common Council FROM: Valerie C. Ross', Deputy Director/City Planner SUBJECT: Uptown and Central City North Redevelopment Project Areas DATE: July 12, 2004 COPIES: James Penman, City Attorney; Rachel Clark, City Clerk; Fred Wilson, City Administrator; James Funk, Director; Henry Empedo, Senior Deputy City Attorney; Maggie Pacheco, Deputy Director/Director of Housing and Community Development On Monday, July 19, 2004, the Mayor and Common CounciUCommunityDeveloprnent Commission will consider several items related to the Uptown and Central City North Redevelopment Project Area Plans for the reinstatement of eminent domain and other entitlement actions as summarized below. Central Citv North Redevelonment Project Area The Central City North Redevelopment Project Area is a 278-acre azea delineated by Interstate 215 on the west, 8s' Street on the north, Arrowhead Avenue on the east, and 4`h/Court Street on the south. (Fourth Street between the freeway and "E" Street, and Court Street between "E" Street and Arrowhead Avenue). The use of eminent domain in the Central City North Redevelopment Project Area was originally part of the Central City North Redevelopment Plan when it was adopted in February 1973. Eminent domain powers in Central City North expired on December 8, 1998. Uptown Redevelopment Project Area The Uptown Redevelopment Project Area includes 433 acres within two subazeas in the City of San Bernardino. Subazea A is comprised of 349 acres of commercial azea along Highland Avenue and Baseline Street from Interstate 215 on the west to Waterman Avenue on the east, and along "E" Street, between 8`h Street on the south and Highland Avenue on the north. Subazea B is comprised of 84 acres bounded by 3rd Street and the Santa Fe Railroad yazd to the north, Interstate 215 on the east, Rialto Avenue and King street on the south, and Mt. Vernon Avenue on the west. The use of eminent domain in the Uptown Redevelopment Project Area was originally part of the Uptown Redevelopment Plan when it was adopted in May 1986. Eminent domain powers in the Uptown Redevelopment Project Area expired June 18, 1998. _-~# 7 ~ Uptown/CCN Early Distribution Page 2 of 2 July 12, 2004 Other Entitlement Actions A General Plan Amendment (GPA) is being processed for 19.02 acres bounded by 3rd, 2nd, and "K" Streets and I-215, within a Portion of Subazea B of the Uptown Froject Area. The azea is currently designated IL, Industrial Light and is proposed to be changed CG-1, Commercial General and to vacate portions of "P' Street and Kendall Avenue. The proposed Mercado Santa Fe development consists of 9.2 acres within Subazea B of the Uptown Project azea, and is located south of 3rd Street across from the historic Santa Fe Depot. Development of the project includes the demolition of 10 structures (including four residential units) and approximately 85,075 square feet of commercial buildings and the construction of approximately 96,241 squaze feet of retail use and related parking. ~oortin>; Documents Backup items related to the project are being distributed sepazately to give you additional time to review them. Those items include: • Draft Program Environmental Impact Report -distributed on Apri18, 2004 Traffic Impact Analysis Report -distributed on Apri18, 2004 • Final Program Environmental Impact Report • Mitigation Monitoring Plan • Facts, Findings and Statement of Overriding Consideration The Economic Development Agency will distribute additional materials related to actions requested of the Community Development Commission. CITY OF SAN BERNARDINO Development Services Department -Planning Division Interoffice Memorandum TO: Mayor and Comm, o~n Council FROM: Valerie C. RosS,Deputy Director/City Planner SUBJECT: Uptown and Central City North Redevelopment Project Area Plans - Responses to Environmental, Zoning, and Notification Comments DATE: Mayor and Common Council Meeting of August 16, 2004 General Response -Environmental Impact Report The City prepazed an Environmental Impact Report (E1R) as required by the California Environmental Quality Act (CEQA). In particulaz, a Program EIR was prepazed as outlined in Section 15168 of the CEQA Guidelines. There aze a series of actions - reinstatement of eminent domain, redevelopment of the shopping center located south of the Santa Fe Depot, and future redevelopment of the 19-acre azea included in the General Plan Amendment azea. The City determined that a Program EIR was appropriate because there were no specific development applications to analyze. However, the Program EIR did analyze projected impacts related to the conceptual plan for the Mercado Santa Fe. It also addressed impacts that could be anticipated from development of office and commercial uses in the 19-acre area included in the General Plan Amendment azea. As noted in Section 15168(c), the City will be required to address potential impacts of activities or actions related to all of the components listed above when any of them are specifically proposed to happen. General Response -General Plan Amendment No. 04-02 The amendment to the General Plan is to change the land use designation from IL, Industrial Light to CG-1, Commercial General for the azea between I-215 and "K" Street, and 2"d and 3`d Street, approximately 19 acres. With future development, "P' Street and Kendall Avenue would be vacated. There are no plans to do anything in this area at this time. Changing the land use designation does not make the single family residences nonconforming uses. The Development Code contains a provision that states: "Single family units which legally existed in the industrial land use districts prior to June 3, 1991, may remain as a permitted use." No. 3p t/i4/oy Uptown/CCN Responses to Comments MCC Mtg. of 08/16/04 Page 2 of 5 That same provision is included for single family units in commercial districts. That means that the units are not considered non-conforming uses and may continue under either land use designation. The land use designation (zoning) was changed to IL, Industrial Light in 1989. Prior to then it was zoned C-M, Commercial Manufacturing. General Response -Public Notification Environmental Review Process. The Notice of Preparation was published in the San Bernardino County Sun, posted at the Feldheym Library, and distributed to responsible agencies as defined in the California Environmental Quality Act (CEQA). The City and EDA also held a scoping meeting to receive comments from members of the public. Verbal and written comments were considered in the preparation of the Program EIR. When the Program EIR was fmished, the Notice of Completion was published in the Sun and posted at the Feldheym Library. It was also mailed to the State Clearinghouse and to responsible agencies, along with copies of the Program EIR. In addition, the Notice of Completion and Program EIR were posted on the City's web page. Responses to comments received aze included in the Final Program EIR. Copies of the City's responses were mailed to responsible agencies 10 days before the hearing as required by CEQA. General Plan Amendment Process. Notice of the public hearings before the Planning Commission and Mayor and Common Council were published in the San Bernardino County Sun and mailed to all properties within the General Plan Amendment area, and to all properties within 500 feet of that azea. Property owners' names and addresses aze based upon the latest available assessment roll from the County Tax Assessor. Public Comments Speaker No. 1. Deanna Adams. No specific environmental or zoning comments were identified. Sneaker No. 2, Ghassan Norman Abdulla. Mr. Abdulla stated that the EIR was incomplete because it did not address impacts to disabled citizens, children, elderly on fixed incomes, low income residents, lost jobs/businesses, churches, and displacement. Mr: Abdulla also expressed concerns about the impact on local flora, impacts from West Nile Vitus, dust, and noise. Response: Section 15064(d) of CEQA states: In evaluating the significance of the environmental effect of a project, the lead agency shall consider direct physical changes in the environment which maybe caused by the project and reasonably foreseeable indirect upto..~n/ccN Responses to Comments MCC Mtg. of OS/16/04 Page 3 of 5 physical changes in the environment which maybe caused by the project. The Program EIIt was prepazed in this manner. The reinstatement of eminent domain does not affect disabled citizens, children, elderly on fixed incomes, low income residents, lost jobs/businesses, churches, and displacement. If the Mayor and Common CounciUCommunity Development Commission approve the amendments to the redevelopment plans to reinstate eminent domain, it can be anticipated that the Redevelopment Agency (RDA) may use those powers in the future to acquire properties. At that time, the RDA would be required to analyze the potential impacts related to that acquisition. The Mayor and Common CounciUCommunity Development Commission have no current plans to acquire specified properties, with the exception of the azea containing the El Tigre Mazket and indoor swap meet. The Program EIR evaluated the broad-scale impacts related to acquisition of the El Tigre Mazket and indoor swap meet properties, demolition of the existing structures, and development of the conceptual Mercado Santa Fe. The Program EIR concluded that there were certain air quality and traffic impacts that cannot be mitigated to a level of less than significant with mitigation measures. Like most new development projects, the air quality impacts aze related to construction activities and vehicle traffic. The Program EIIt concluded that there would be no impacts related to noise, with compliance with the mitigation measures. When a development application is submitted, it will be evaluated against the Program EIR to ensure that there are no impacts not previously identified, and to identify the mitigation measures that apply to the project. The Program EIR also identified the potential for impacts from future development within the proposed General Plan Amendment area. Those impacts cannot be specifically identified or quantified until such time as an actual development project is proposed, but it is likely that development of this area will result in impacts similaz to those related to development of the Mercado Santa Fe project. The West Nile virus was not known to occur in San Bernardino County when the Program EIR was prepazed. However, there aze no activities related to the reinstatement of eminent domain, potential and future acquisition of properties, demolition, and new development projects that would have the potential for standing water, a breeding ground for the mosquitoes that carry this virus. Neither the Uptown or Central City North Redevelopment Project azeas are located in the Biological Resources Overlay as identified in the City's General Plan and they do not contain wetlands or riparian habitats. No sensitive plant or animal species aze found in either project azea. weaker IVo 3 Reverend Paul Adams. Mr. Adams commented about the statistics used in the EIR related to blight. No specific zoning comments were identified. ,• Uptown/CCN Responses to Comments MCC Mtg. of 08/16/04 Page 4 of 5 Response: There aze no statistics related to blight in the Program E1R. Speaker No. 4, Abel Esmat. No specific environmental or zoning comments were identified. weaker No. 5, James Oronoz. No specific environmental or zoning comments were identified. Speaker No. 6, Dean Mach. No specific environmental or zoning comments were identified. Sneaker No. 7, Jason Desjazdins. No specific environmental comments were identified. Mr. Desjazdins referenced parcels he owns. Response: The referenced parcels aze located in the General Plan Amendment area. City records show that all pazcels aze vacant. Sneaker No 8 Guillermo Corona. No specific environmental comments were identified. Mr. Corona referenced the zone change. Sneaker No. 9. Shade Awad. No specific environmental or zoning comments were identified. Sneaker No. 10, lay Lindber>;. Mr. Lindberg commented about contaminated groundwater. No specific zoning comments were identified. Response: The reinstatement of eminent domain, demolition of the existing El Tigre Mazket and indoor swap meet and development of the conceptual Mercado Santa Fe, changing the land use designation from industrial to commercial, and future commercial development aze not related to contaminated groundwater. The City of San Bernazdino Municipal Water Department has projects throughout the City for groundwater cleanup. Their project locations aze not related to redevelopment project azea boundaries. There aze no known sources of groundwater contamination in the Uptown or Central City North Redevelopment Project Areas. In addition, before redevelopment of any given azea or site can occur, the developer is required to complete a study to determine the presence of any hazazdous materials on- site. If any aze present, the developer must remove and clean or dispose of any contaminated soil before building permits can be issued. ,N Uptowo/CCN Responses to Comments MCC Mtg. of 08/16/04 Page 5 of 5 Speaker No. 11, Ms. Durbin. No specific environmental or zoning comments were identified. Ms. Durbin stated that she had not received notice. Response: The property that Ms. Durbin stated was owned by her husband and her is located in the General Plan Amendment azea. City records show that it contains multi-family. The use is nonconforming in both the commercial and industrial land use districts. City records show that Ms. Durbin was mailed a notice of the Planning Commission and Mayor and Common Council public hearings for the General Plan Amendment. Sneaker No. 12. Martha Reves. No specific environmental comments were identified. Ms. Reyes expressed a concern with the zone change. Response: The property that Ms. Reyes stated she owned is located in the General Plan Amendment azea. City records show that it contains two single family units. The use is nonconforming in both the commercial and industrial land use districts. City records show that Ms. Reyes was mailed a notice of the Planning Commission and Mayor and Common Council public hearings for the General Plan Amendment.