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HomeMy WebLinkAbout42-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Specific Plan Amendment No. 05- 01, General Plan Amendment No. 05-08, Development Permit II No. 05-49, and Tentative Parcel Map No. 17235 - Stater Bros. Markets Distribution Center. Dept: Development Services Date: September 27,2005 MCC Date: October 17,2005 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and the Mayor and Common Council adopt the resolution, and approve Development Permit II No. 05-49 and Tentative Parcel Map No. 17235, based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. ~u.:J?m-.r$ James Fu Contact person: V"lprip r Rm:", rity Phnnpr Phone: 'iO'i7 Supporting data attached: Staff Report & Resolution Ward: ! FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. N~.) (Acct. Description) Finance: Council Notes: ~ r 'J l7()S"- 351 Agenda Item No. Lf~ 10 '1'105 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ST AFF REPORT SUBJECT: Owner/ Applicant: Don Rogers San Bernardino International Airport Authority/ Inland Valley Development Agency 294 S. Leland Norton Way, Suite 1 San Bernardino, Ca 92408 909.382.4100 Scott Limbacher Stater Bros. Markets 21700 Barton Road Colton, Ca 92324 909.783.5277 BACKGROUND The Inland Valley Development Agency (IVDA) submitted applications to amend the San Bernardino International Trade Center Specific Plan and the General Plan. Stater Bros. Markets submitted applications to construct a corporate office and warehouse/distribution facility and consolidate parcels and resubdivide for the project. The proposed Stater Bros. Markets Distribution Center will be located on approximately 163 acres located east of Tippecanoe Avenue, south of Harry Sheppard Boulevard (Exhibit 1). Generally, the applications include the following: San Bernardino International Trade Center Specific Plan Amendment (SPA) No. 05-01 . Delete Office as a land use designation and change the area between Tippecanoe Avenue and Memorial Drive between Harry Sheppard Boulevard and an extension of Mill Street to Industrial, . Remove Del Rosa Avenue south of Harry Sheppard Boulevard and Mill Street east of Tippecanoe Avenue as major arterials to the Circulation Element, . Remove Memorial Drive as a secondary arterial to the Circulation Element, . Various text changes to accommodate the project, and . Adjustment of SBITC SP and Airport boundaries. General Plan Amendment No. 05-08 . Corresponding amendments to the General Plan. Development Permit II No. 05-49 . Construction of a 45,000 square foot corporate office building, 1,086,000 square foot dry grocery warehouse, 644,000 square foot refrigerated warehouse, 41,000 square foot truck maintenance building, 46,000 square foot dispatch/returns building, and 19,500 square construction office building and related on-site and off-site improvements. Tentative Parcel Map No. 17235 . Consolidation of parcels to accommodate the project and creation of seven parcels and one lettered lot, as follows: . Parcell - Stater Bros. Markets (~159.70 acres) . Parcel 2 - Fuel Station (1.0 acre - future) . Parcel 3 - Stater Bros. parking (-4.67 acres) . Parcel 4 - Kelly Space and Technology (-9.51 acres) . ParcelS -Building 730 (-1.75 acres) . Parcel 6 - IVDAJSBIAA Offices (-2.47 acres) . Parcel 7 - Building 747 (-9.96 acres) . Parcel "A" - Private street (-6.91 acres) Please refer to the Planning Commission staff report (Exhibit 2) for a complete discussion. At their meeting of October 4, 2005, the Planning Commission recommended approval. Commissioners voted in favor of the motion. FINANCIAL IMP ACT None; the applicants paid the applicable processing fees. RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the resolution and approve Development Permit II No. 05-49, based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. Location Map Planning Commission Staff Report Attachments: A B C D Exhibits: 1 2 3 H I Resolution E F G Location Map Stater Bros. Site Plan, Floor Plans, and Elevations Specific Plan Amendments Draft Subsequent Environmental Impact Report (including proposed SBITC SP and General Plan amendments) * Comments and Responses * Mitigation Monitoring and Reporting Program * Draft Facts, Findings, and Statement of Overriding Consideration Conditions of Approval Standard Requirements * Distributed under separate cover on September 20, 2005 and September 23, 2005 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. t~IPY RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN, CERTIFYING THE TRAFFIC IMPACT ANALYSIS, ADOPTING SPECIFIC PLAN AMENDMENT NO. 05-01 AND GENERAL PLAN AMENDMENT NO. 05-08 FOR THE STATER BROS. MARKETS DISTRIBUTION CENTER. SECTION I. RECITALS (a) WHEREAS, the Mayor and Common Council of the City of San Bernardino ("City") adopted the General Plan for the City by Resolution No. 89-159 on June 2, 1989; and (b) WHEREAS, the General Plan recognized the importance of redeveloping the former Norton Air Force Base; and (c) WHEREAS, in 1995, the Mayor and Common Council adopted General 16 Plan Amendment No. 95-03 to designate the airport portion of former Norton A.F.B. as 17 "A" Airport; and 18 19 (d) WHEREAS, in 1996, the Mayor and Common Council certified a Final 20 Environmental Impact Report (1996 FEIR), adopted Facts, Findings, and Statement of Considerations, adopted a Mitigation Monitoring and Reporting Plan, and adopted 21 22 General Plan Amendment No. 95-03 and Specific Plan No. 95-01, the San Bernardino 23 International Trade Center Specific Plan, for the non-airport portions of former Norton 24 25 26 A.F.B.; and (e) WHEREAS, Tom Dodson and Associates, on behalf of the City, prepared 27 an Initial Study for the proposed Stater Bros. Markets Distribution Center Project 28 ("Project") and other entitlement actions; and f~I~. 72- ) 0 ) ) 7 ) OJ 1 (f) WHEREAS, on March 24, 2005, the Environmental Review Committee determined that the Stater Bros. Market Distribution Project could have significant effects on the environment, beyond those impacts identified in the 1996 FEIR, and thus warranted the preparation of a Subsequent Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA); and (f) WHEREAS, the Notice ofIntent of the City to prepare a Draft Subsequent Environmental Impact Report was made known to the public, responsible agencies and other interested persons for their concerns and comments from March 29, 2005 through April 30, 2005 as required by CEQA; and (g) WHEREAS, on April 7, 2005 the City Held a public scoping meeting to solicit public comments on the preparation of the Draft Subsequent EIR; and (h) WHEREAS, a Draft Subsequent EIR was distributed for a 45-day public review period from June 21, 2005 through August 4, 2005; and (i) WHEREAS, three comment letters were received before the close of the public review period and written responses were provided on September 23, 2005 and the specific responses to the written comments are in the Final Subsequent EIR; and (j) WHEREAS, on September 29, 2005 the Environmental Review 2 1 2 3 4 5 6 7 other entitlement actions; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (n) WHEREAS, the Mayor and Common Council adopted a Land 24 Use/Transportation Analysis Program for the City pursuant to the CMP for the City of 25 San Bernardino by Resolution No. 93-74 on March 22, 1993; and 26 27 28 written and oral comments relating to the Draft Subsequent EIR and proposed amendments to the City General Plan in compliance with City requirements; and (k) WHEREAS, the Planning Commission considered the Development Services Department Staff Report on October 4, 2005, which addresses the Draft Subsequent EIR and the proposed Stater Bros. Markets Distribution Center Project and (I) WHEREAS, the Planning Commission, after receiving public testimony, recommended that the Mayor and Common Council adopt the Facts, Findings and Statement of Overriding Considerations, certify the Final Subsequent Environmental Impact Report (SCH# 2005041008), adopt the Mitigation Monitoring and Reporting Plan, certify the Traffic Impact Analysis, adopt General Plan Amendment No. 05-08, adopt Specific Plan Amendment No. 05-01, approve Development Permit II No. 05-49, and approve Tentative Parcel Map No. 17235; and (m) WHEREAS, on November 3, 1993 the San Bernardino Associated Governments adopted the Congestion Management Program (CMP) pursuant to California Government Code Section 65809.3(a) which required 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 3 (0) WHEREAS, the City determined that the Project exceeded the scope of the 1996 TIA and thus warranted the preparation of an updated TIA pursuant to the Congestion Management Program; and (p) WHEREAS, a Draft TIA was prepared to address the traffic impacts of the Project on designated CMP roadways and freeways, the appropriate mitigation measures, and fair share contribution toward CMP roadway and freeway improvements; and (q) WHEREAS, the Draft TIA was made available to the various regional and sub-regional agencies and to the adjacent jurisdiction for their review during a 21- day review period which began on July 28, 2005 and ended on August 19, 2005 as required by the CMP; and (r) WHEREAS, verbal and written comments were received on the Draft TIA and responded to via changes to the Draft TIA; and (s) WHEREAS, the Mayor and Common Council conducted a noticed public hearing on October 17, 2005, and fully reviewed and considered the Draft Subsequent EIR, Final Subsequent EIR, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations, the Draft TIA, the Planning Division staff reports, and the recommendation of the Planning Commission. The facts and information contained in the Recitals section are true and correct. The Subsequent Environmental Impact Report for the Stater Bros. Markets 4 Distribution Center Project, including General Plan Amendment No. 05-08, Specific Plan Amendment No. 05-01, Development Permit II No. 05-49, and Tentative Parcel Map No. 17235 have been completed in compliance with the California Environmental Quality Act. Attached to this Resolution as Exhibit A, and incorporated herein by reference, is the Final Subsequent EIR which consists of the Draft Subsequent EIR (which includes a list of persons, organizations and public agencies commenting on the Draft Subsequent EIR), the comments received on the Draft Subsequent EIR either verbatim or in summary, and responses to those comments. B. The Final Subsequent EIR was presented to the Mayor and Common Council who have reviewed and considered the information in the Final Subsequent EIR prior to its certification and prior to its adoption of General Plan Amendment No. 05-08, Specific Plan Amendment No. 05-01, and other entitlement actions. C. The Final Subsequent EIR has identified all significant environmental effects of the Stater Bros. Markets Distribution Center and other entitlement actions. D. Although the Final Subsequent ElR identifies certain significant environmental effects that would result if the Stater Bros. Markets Distribution Center Project occurs, all significant effects that can feasibly be avoided or mitigated will be 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Common Council of the City of San Bernardino. 22 SECTION III. GENERAL PLAN AND SPECIFIC PLAN FINDINGS 23 24 25 26 27 28 social, or other considerations as set forth in the Facts, Findings and Statement of Overriding Considerations, attached to this Resolution as Exhibit C and incorporated herein by reference. F. 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 environmental impacts are clearly outweighed by the economic, social, cultural, and other benefits of the Stater Bros. Distribution Center Project, General Plan Amendment No. 05-08, Specific Plan Amendment No. 05-01, and other entitlement actions, as set forth in the Facts, Findings and Statement of Overriding Consideration. G. The findings contained in the Facts, Findings and Statement of Overriding Consideration with respect to the significant impacts identified in the Final Subsequent EIR are true and correct, and are based upon substantial evidence in the record, including documents comprising the Final Subsequent EIR. H. The Final Subsequent Environmental Impact Report, Mitigation Monitoring and Reporting Plan, and the Facts, Findings and Statement of Overriding Consideration reflect the independent review, analysis and judgment of the Mayor and A. The proposed amendments are consistent with the General Plan and San Bernardino International Trade Center Specific Plan. Goal! of the SBITC SP states: "Replace lost jobs with new job generating uses and quality projects." Goal 2 states: "Integrate the Norton Air Force Base site back into the physical structure of the community." 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Adoption of the amendments to the General Plan and SBITC SP allow the proposed Stater Bros. Markets Corporate Offices and Distribution Center to proceed. The consolidation of the various Stater Bros. facilities at this location not only retains local jobs, but also provides opportunities for new jobs as the company continues to grow. B. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The Initial Study and the Subsequent EIR analyzed potential impacts related to the proposed amendments and determined that there were no impacts directly related to the General Plan and/or Specific Plan Amendments that could not be mitigated to a level of less than significant. SECTION IV. TRAFFIC IMPACT ANALYSIS A. The TIA for the Stater Bros. Distribution Center Project has been completed in compliance with the regional CMP and the City's Land Use/Transportation Analysis Program and found to be consistent with the regional Congestion Transportation Plan model. The TIA and all the evidence and information contained therein is attached hereto as Exhibit D and incorporated herein by reference. 19 SECTION V. CERTIFICATION OF THE SUBSEQUENT ENVIRONMENTAL 20 IMPACT REPORT 21 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 22 Mayor and Common Council of the City of San Bernardino that the Final Subsequent 23 Environmental Impact Report (SCH #2005041008) is hereby certified, the Facts, 24 25 Mitigation Monitoring and Reporting Plan is hereby adopted. 26 Findings and Statement of Overriding Considerations are hereby adopted, and the 27 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 certified. 21 22 SECTION VII. NOTICE OF DETERMINATION 23 In accordance with the provisions of this Resolution, the Planning Division is 24 hereby directed to file a Notice of Determination with the County of San Bernardino 25 Clerk of the Board of Supervisors certifying the City's compliance with the California 26 Environmental Quality Act in preparing and adopting the Final Subsequent 27 Environmental Impact Report, the Facts, Findings and Statement of Overriding 28 SECTION VI. GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS A. General Plan Amendment No. 05-01 and Specific Plan Amendment No. 05-08, the amendment to the General Plan and the San Bernardino International Trade Center Specific Plan of the City of San Bernardino to delete Office as a land use designation and change the area between Tippecanoe Avenue and Memorial Drive between Harry Sheppard Boulevard and an extension of Mill Street to Industrial, to remove Del Rosa Avenue south of Harry Sheppard Boulevard and Mill Street east of Tippecanoe Avenue as major arterials to the Circulation Element, to remove Memorial Drive as a secondary arterial to the Circulation Element, various text changes to accommodate the project, and adjustment of SBITC SP and Airport boundaries are hereby adopted. B. The amendments designated as General Plan Amendment No. 05-08 and Specific Plan Amendment No. 05-01 shall take effect upon adoption of this resolution by the Mayor and Common Council as provided herein. SECTION VI. CERTIFICATION OF THE TRAFFIC IMPACT ANALYSIS REPORT NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the Traffic Impact Analysis (TIA) for the Project is 8 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 27 28 Consideration, and the Mitigation Monitoring and Reporting Plan. A copy of the Notice of Determination will be forwarded to the State Clearinghouse. SECTION VII. EFFECTIVE DATE The certification of the Final Subsequent EIR and the adoption of the amendment designated as General Plan Amendment No. 05-08 and Specific Plan Amendment No. 05-01 shall be effective immediately upon adoption. III III III 9 1 2 3 4 5 6 7 8 9 10 11 12 DERRY RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ETC. FOR THE ST A TER BROS. MARKETS DISTRIBUTION CENTER. 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 ,2005, by the following vote to wit: Council Members: Abstain Absent Aves Navs ESTRADA LONGVILLE MCGINNIS 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 20 2005. 21 22 23 Judith Valles, Mayor City of San Bernardino s to form and Legal Content: 24 By: 25 /1 es F. Penman / ity Attorney 26 27 28 10 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM ./ Meeting D.t, (D.te Ad~ted)' 10, n ' c<, Item # lj J-. Vote: Ayes ~ Nays Change to motion to amend original documents D ...., /""/1 Resolution # de; 05- -' j 5 . ( Abstain Absent Companion Resolutions days / NulI/Void After: Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH 0 POST D RECORD W/COUNTY D Date Sent to Mayor: J 0 I I ~. (7 (' / Date of Mayor's Signature: If\:, /IQjr 0'\ , Date ofClerklCDC Signature: Ie, /(.1,0 ~ . By: rtJ' / Seal Impressed: [2f Reso. # on Staff Report 0/ Reso. Log Updated: Date Memo/Letter Sent for Signature: 1 ,t Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ./ No By__ ./'. Yes No By_ Yes No~ By_ Yes NO---l-- By_ Yes No-----L By_ Copies Distributed to: Animal Control D ~/ / Code Compliance D / Fire Department Development Services 0' (;y Human Re~urces ~1lv~ K-f0? J'>>.f{( }r.-t.du.,,-, / ' 0 EDA D Information Services D D Parks & Recreation D D Police Department D D Public Services D D Water Department D City Administrator Facilities City Attorney Finance Others: Notes: Ready to File: ~ / / if! ')'S~ Q) \ Date: Revised 12118/03 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.sbcity.org SM October 21, 2005 Mr. Scott Limbacher Stater Bros. Markets 21700 Barton Road Colton, CA 92324 Dr. Mr. Limbacher: At the Mayor and Common Council meeting held on October 17, 2005, the following action was taken relative to Specific Plan Amendment No. 05-01, General Plan Amendment No. 05-08, Development Permit II No. 05-49, and Tentative Parcel Map No. 17235, a request from Stater Bros. Markets to construct a corporate office and warehouse/distribution facility east of Tippecanoe A venue, south of Harry Sheppard Boulevard: The hearing was closed; and the Mayor and Common Council adopted the resolution (2005-359) and approved Development Permit II No. 05-49 and Tentative Parcel Map No. 17235, based upon the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ~h.~ Rachel G. Clark City Clerk RGC:lls cc: Development Services Don Rogers, San Bernardino International Airport Authority, Inland -# . Agency, 294 S. Leland Norton Way, Suite 1, San Bernardino, CA LJ l CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human DIgnity. Honesty