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HomeMy WebLinkAbout30-Planning and Building •CIT~Y OF SAN BER~RDINO -REQUEST ~R COUNCIL ACTION General Plan Amendment No. 91-08 From: Larry E. Reed, Asst. Director Subject: To change the land use designatic Dept: Planning & Building Services from RS to CN on a 5,000 sq, ft. parcel on the northwest corner of Date: July 30, 1991 Belleview Street and "K" Street. Synopsis of Previous Council action: Mayor and Common Council Meeting August 19, 1991 The amendment site was designated RS, Residential Suburban upon adoption of the General Plan on June 2, 1989. At their meeting of July 16, 1991 the Planning Commission recommended adoption of a Negative Declaration and approval of the General Plan Amendment. Recommended motion: I That the hearing be closed and the resolution be adopted. Signature La y E. Reed Contact person: Larry E. Reed Phone: 384-5357 Supporting data attached: Staff Report Ward: 3 FUNDING REnU1REMENTS: Amount: Source: (Acct. No.) IAcct. Description) Finance: Council Notes: CETY OF SAN BER~RDINO - REQUEST~fOR COUNCIL ACTION STAFF REPORT SUBJECT: General Plan Amendment No. 91-08 Mayor and Common Council Meeting of August 19, 1991. REQUEST This City-initiated general plan amendment is to change the land use designation from RS, Residential Suburban to CN, Commercial Neighborhood on a 5,000 square foot site located at the northwest corner of Belleview Street and "K" Street. BACKGROUND During the hearing process for the adoption of the General Plan on June 2, 1989, a designation of RS was assigned to the site and the surrounding area. There is a small "Mom and Pop" market in operation on the site that was in existence prior to the adoption of the General Plan. The CN designation was established for existing and new small- scale, low-intensity, neighborhood-serving commercial uses. ENVIROIQlENTAL The Environmental Review Committee reviewed the applicant's proposal and the Initial Study on May 30, 1991 and proposed a Negative Declaration. co~n~TS No comments have been received. PLA1f11I1fG COMMISSION RSf'O~Q~lIDATION The Planning Commission unanimously recommended adoption of the Negative Declaration and approval of General Plan Amendment No. 91- 08 at a noticed public hearing on July 16, 1991. 75.0264 ,•,Q ='U. 0,.,, L•VM W~V 3. L•V U„V1Y .•,cc~Y„y • August 19, 1991 General Plan Ame~ent No. 91-08 O ' Page 2, MAYOB AND COMMON COUNCIL OPTI01(S 1. The Mayor and Common Council may adopt the Negative Declaration and approve General Plan Amendment No. 91-08 based on the Findings in the resolution. 2. The Mayor and Common Council may deny General Plan Amendment No. 91-OB. RRCOlQ1IIIDATIONS Staff recommends that the Mayor and Common Council adopt the resolution which adopts the Negative Declaration and approves General Plan Amendment No. 91-08. Prepared by: John R. Burke, Assistant Planner for Lairy E. Reed, Assistant Director Department of Planning and Building Services Attachment 1: Staff Report to the Planning Commission Attachment A: Initial Study Exhibit A: Location & Land Use Designations Map. Attachment 2: Resolution Attachment A: Location Map Attachment B: Legal Description _ . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT gGENDA ITEM 9 SUMMARY HEARING DATE 7-16-91 WARD 3 APPLICANT: City Of San Bernardino 300 North "D" Street W GENERAL PLAN AMENDMENT NO. San Bernardino, CA 92418 Q 91-08 OWNER: Seung K. Chung V 1330 Ridgeline Drive Riverside, CA 92506 To change the .land use designation from RS, Residential ~ Suburban to CN, Commercial Neighborhood on a 5,000 square f_!~ foot parcel on the northeast corner of Belleview Street and "K" Street. W Q W Q Q EXISTING GENERAL PLAN PROPERTY J,~yQSJ$F DESIC~NATTON Subject Market RS Residential Suburba North Single-family RS Residential Suburba South Single-family RS Residential Suburba East Single-family RS Residential Suburba West Single-family RS Residential Suburba GEOLOGIC /SEISMIC ? YES FLOOD HAZARD ? YES ? ZONE A SEWERS: ~ YES HAZARD ZONE: NO ZONE: ~ NO ? ZONE B ? NO HIGH FIRE . ? YES AIRPORT NOISE/ ? YES REDEVELOPMENT ? YES HAZARD ZONE: Qd7{NO CRASH ZONE: ~ ~ PROJECT AREA: ~ NO J ? NOT ? POTENTIAL SXNIFCANT Z 7~ APPROVAL Q APPLICABLE EFFECTS WITH O N MITIGATING MEASURES No E.I.R. < ? CONDITIONS ~ _ ? EXEMPT ? E.I.R. REQUIRED 8UT NO ~ a~ ? DENIAL 0 C SIGNIFCANT EFFECTS ~ WITH MITIGATING ~ ~ MEASURES o ? CONTINUANCE TO Z ~ NO SIGNIFCANT ? SIGNIFICANT EFFECTS W EFFECTS M Ntn SACRED E.R.C. ~,,,;,~, A T T A C H M E N T CITY OF SAN BERNARDINO PLANNING CASE GPA 91-08 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 9 OBSERVATIONS HEARING DATE 7-16-91 PAGE 2 REQUEST This application is to change the General Plan land use designation from RS, Residential Suburban to CN, Commercial Neighborhood on a 5,000 square foot site lSee Exhibit A of the initial Study). This proposal was City-initiated to consider a commercial designation at the site location. Staff preliminarily reviewed the CG-1, Commercial General and the CN, Commercial Neighborhood designations for the possibility of assigning a commercial designation, however, the CG-1 was discarded as described below. LOCATION The amendment site ie located on the northwest corner of Belleview Street and "K" Street. BACKGROUND The site contains a small "Mom and Pop" market which has been in existence for a number of years. The site was designated RS, Residential Suburban upon adoption of the General Plan on June 2, 1989. The market ie anon-conforming use within the RS designated area. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Municipal Code: Not applicable. General Plan: The present non-conforming status is legal but does not allow for any variation in the use and would require development under the RS standards if the store was vacant for 180 days or damage occurred to the building in excess of 50 percent of the fair market value. A commercial land use designation would negate these restrictions. This request is for a General Plan Amendment to change the General Plan Land Use Plan designation only. ~dC.RiSINS vuwaa rwa+oc+ waA © 4 CITY OF SAN BERNARDINO PLANNING CASE GPA 91-08 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 9 OBSERVATIONS HEARING DATE 7-16-91 PAGE CALIFORNIA SNVIRONI4SNTAL QUALITY ACT (CSQA) STATUS The project is subject to CEQA. The Environmental Review Committee reviewed the proposed amendment and the Initial Study (Attachment A) on May 30, 1991 and determined that the proposed amendment would not have an adverse impact on the environment and recommended a Negative Declaration. There was a public review period from June 6, 1991 to June 26, 1991 for the Initial Study. COMMEIiTS RSC$IVED No comments have been received. ANALYSIS Site and Surrounding Area Characteristics The site is rectangular in shape and contains a small market on the eastern end of it. The building covers almost one half of the total site area. The remainder of the site is not accessible by the public. The site is completely surrounded by a residential neighborhood. Belieview Street !s approximately 400 feet south of Rialto Avenue which is a major arterial route. This section of Rialto Avenue is designated for residential and industrial use although there is some commercial activity. Mt. Vernon Avenue is located approximately 1,700 feet west of the site and is designated CG-1, Commercial General but there is limited commercial activity in the area of Belleview Street. The residential neighborhood extends to the I-Z 15 freeway to the east of the site and to the County Flood Control channel to the south. General Plan Goals, Objectives and Policies The RS designation is for the development of single-family detached residential units at a density of up to 4.5 dwelling units per acre (Policy 1.11.10). The CG-1 designation provides for community-serving retail and service uses along major transportation corridors and intersections to serve the needs of the residents (Objective 1.19). It permits a diversity of community-servittq retail and service uses, entertainment uses, and professional and financial offices (Policy 1.19.10). S.~w~.RNSS vuwaa v~+oF~ wam CITY OF SAN BERNARDINO PLANNING CASE GPA 91-OS AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 9 OBSERVATIONS HEARING DATE 7-1 -9~ 1 PAGE 4 The amendment site does not meet the definition for a CG-1 designation as stated above nor would the uses permitted be compatible with the surrounding residential uses. A CG-i designation in this location would constitute a "spot zoning", an action not supported by the City. For these reasons the CG-1 designation was discarded. The CN designation provides for the continued use, expansion, and new development of small scale, low-intensity commercial uses which serve and are in proximity to residential neighborhoods (Objective 1.26). It permits neighborhood-serving commercial uses such as small grocery stores, shoe repair, florists and similar uses (Policy 1.26.10). The site already supports a market, which is small-scale and of low-intensity. The designation does create a "spot zoning" but the intent of the CN designation was to ensure that limited low- intensity commercial activity would provide convenience for and compatibility with the residential uses in which the CN designations are normally located. CONCLUSIONS The CN designation is appropriate due to the site's location and size. The current use fits Objective 1.26 in that it is a small- scale, low intensity use serving the surrounding residential neighborhood. Consistency with the goals, objectives and policies of the General Plan is maintained and compatibility with surrounding designations and uses is ensured. The site will remain non-conforming due to tha lot being non- standard in size. The small size, 5,000 square feet, will pose problems for any reuse in the future. The Development Code requires a minimum lot size of 7,200 square feet along with certain setback, landscaping and other standards within the CN designated areas. If the site remains in the RS land use designation it will also be non-conforming as the minimum lot area required for residential development is 7,200 square feet. ~°Jp.Sii~B ruwan~ v~,oc, ~4+m CITY OF SAN BERNARDINO PLANNING CASE c;pA 91 -OR AND BUILDING SERVICES DEPARTMENT aGENDa REM 9 OBSERVATIONS HEARING DATE 7'16-91 PAGE 5 FINDIIiGS The CN, Commercial Neighborhood land use designation is compatible with the surrounding single-family land uses and the RS, Residential Suburban designation. It is consistent with General Plan Goals, Objectives and Policies pertaining to the location of a neighborhood-ser~sinq commercial designation. The amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as addressed in the Initial Study and the Staff Report. This change will have minimal impact on the balance of land uses within the City. The residential-to-commercial acreage ratio will, in effect, not change due to the small size of the amendment site. The subject land is physically suitable for a small commercial activity as permitted in the CN, Commercial Neighborhood land use designation with the limitations noted above as they apply to a sub-standard lot. &~°,+ ~~a r~ ~ of ~ CITY OF SAN BERNARDINO PLANNING CASE GPA 9i-08 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 9 OBSERVATIONS HEARING DATE 7/16/91 PAGE 6 RSCOlQISNDATIOIiS Staff recommends that the Planning Commission make a recommendation to the Mayor and Common Council that: 1. A Negative Declaration be adopted in accordance with Section 21080.1 of the California Environmental Quality Act for the General Plan Amendment. 2. The General Plan Land Use Plan be changed from RS, Residential~Suburban to CN, Commercial Neighborhood on one parcel of land as shown on Exhibit A of the Initial Study. Resp ctively submitted ~iL:F1Lf Lerry Reed, Assistant Director Department of P~lann_i_ng/and Building Services ohn R. Burke Assistant Planner Attachment: A - Initial Study vuwaa rr~~ov+ psoo CITYIJF SAN BE RDINO PLANNING AND BUILD SERVICES DEPARTMENT INITIAL STUDY General Plan Amendment No. 91-08 Proiect Description: To change the land use designation from RS, Residential Suburban to CN, Commercial Neighborhood on a 5,000 square foot parcel of land. Proiect Location: The amendment site is located on the northwest corner of Belleview Street and "K" Street. Date: May 15, 1991 Applicant: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Owner: Chung, Seunq K. 1330 Ridgeline Dr. Riverside, CA 92506 Prepared bv: John R. Burke Title: Assistant Planner City of San Bernardino Department of Planning and Building Services 300 N. "D" Street San Bernardino, CA 92418 ' ATTACHMENT~._ © C) 1.0 INTRODUCTION This report is provided by the City of San Bernardino as an Initial Study for General Plan Amendment No. 91-OB to change the land use designation from RS, Residential Suburban to CN, Commercial Neighborhood on a 5,000 square foot parcel located on the northwest corner of Belleview Street and "K" Street (See Exhibit A for site location and surrounding land use designations). As stated in Section 15063 of the California Environmental Quality Act guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Agency with information to use as the basin for deciding whether to prepare an EIR or Negative Declaration; 2. Enable~an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for Negative Declaration; 3. Assist the preparation of an EIR, if one is required, by; (A) Focusing the EIR on the effects determined to be significant, (B) Identify the effects determined not to be significant, and tC) Explaining the reasons for determining that potentially significant effects would not be significant. 4. Facilitate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; 6. Eliminate unnecessary EIRs; 7. Determine whether a previously prepared EIR could be used with the project. INITIAL STUDY for OPA91-08 2.0 PROJECT DESCRIPTION This proposed City-initiated amendment is to change the land use designation from RS, Residential Suburban to CN, Commercial Neighborhood on a 5,000 square foot parcel of land on the northwest corner of Belleview Street and "K" Street. The site has 50 feet of frontage on "K" Street and 100 feet of frontage on Belleview Street. There is an existing commercial establishment on the east end of the site. The RS designation permits single-family residences but does not allow commercial retail operations. The CN designation permits neighborhood-serving commercial uses such as grocery stores (smaller than supermarkets), shoe repair, cleaning establishments, drugstores, florists and similar used. 2.1 AMENDMENT SITE AND AREA CHARACTERISTICS The proposed amendment site is a flat, rectangular corner lot which has a small commercial market on it. The market's entrance is on the corner of Belleview and "R" Streets. The remainder of the Bite is comprised of a fenced area f not for public use ) and has access from Belleview Street. There is no area set aside for public parking. The site is bordered on the north and west by residential properties. The surrounding area consists of a long-established single-family neighborhood which is generally well maintained. The stte is one block south of Rialto Avenue and is about 1,700 feet east of Mount Vernon Avenue. There is limited commercial activity along these avenues. 3.0 ENVIRONMENTAL ASSESSMENT 3.1 Environmental Settlnq The amendment site is developed. It lies within the Urban Archaeological District, within an area of medium-high- to-medium liquefaction, and is in an area that has the potential foz subsidence. These factors would only be of concern if the site were to be redeveloped in the future. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST a eacacanouND nn ~, // Application Number. Gilrt~.e,~9L /~i~ ~/1!'.EdD/YaE'r?l /M. 9~ O~ Project Descriptbn: T C.tr.A.d~,f .ny, f 1.9.~D t/JE l~sr/ff/itTis~? .~cls.~ ~,~ -,~ ll~sp~vs,.s~ .~i~vR4A.~ rn G/ CO,r•%us~6Gr%i,~c ./l/ids/~dar~ Av ~ S__l!1 D Sms/.>ti.~t - Fv/r P,o.`cc;EG Location: ~ riXE NA4l~rrd/.t1'r CLMf~?!t df ~LL.I~d/~E'w/ STRUT Aw/ ~rree~,- Environmental Constrains Areas; ,SirE it .c/inr~v ns~ ~yfw /f~urtlgCS+Gitirc ~itliGCT /~'~~ lrY77KW ~S7i? ~SiltAnBf-/9~~1G .C~l~S'i~?r'(~ General Plan Despnation: BPS ~ Qs'iAEM'iec Sre!s..ear~..i Zoning Designstbn: N/!9 B. ENVIRONMENTAL IMPACT'S ExpWn answers, where appropriate, on a separate attached sheet. 1. Earth Resources wll the proposal rosuR in; Yas No Maybe a. Earth movement (cut andbr fill) of 10,000 cubic yards or moroT b. Devebpnrent andAOr grading on a abpe grater -~ than 15Ye natural grader c. DewbpmeM within the Alquist-Prbb Speaal Studies Zone as defined in Section 12.0 - Geobgb 6 Seismic, Figure 47, of the Ciy's Gerroral PIan7 ' d. Modification of any unigw geobgb or physical . fwureT e. De+robpmant within areas defined for high potential for water or wind arosbn as ideMNkd in Section 12.0 Geobgb b Seismic. F'guro 53, of Me City's General X f. Moddication of a channel, creak or riwr7 ~'&'~" ~ rasa vary r os_ t+,-oa g. DwebpmeM within an aroa sub(•et u lendslides, Yes No Maybe mudslides, Iquefaction or dher similar hazards as ideMil'red in Section 12.0 - Geobgb 6 Seismic, Figures 48.52 and 53 of the Ciy's General PIan7 k' h. OtMr? 2 Alr Resource: yUll the proposal rosuk in: a. StreataMfal ale emiasbns or an effect upon ambient ~- air qualty as defined by AaMD? b. The croatbn d objedbnaWe odors? c. pwebpmeM wkhin a hph wind hazard aroa u ideMkied b Sectbn 15.0 - end 8 Fire, Fguro 59, d the City's General Plan? ~ 3. Wabr fMaouras: Y11111 the pr~osal resole b: a. Charges in absorption. rotas, drainage patterns, or the rate and amount d suRace runoff due a impermeable sudaces? ~ b. Changes in the coupe or f bw d f bod waters? _ ~ c. Discharge ireo wrface watere or any akeretbn d surface water quality? d. Charge in the quantity d qualty d ground water? a. Expowre d people or property to flood hazards as identified in ties Federal Ertwrpertry ManagsnwM Agency's Flood Msurarae Rau Map, Community Panel NumWr 080281-00 - ~ end Sectbn 16.0 - Fboding, Fguro 62, d the Clyr's General PIan7 f. ahem 4. Biologlal Resouroes: Could tM proposal rosuk in: a. DevebpmeM within 11w Biobgbal Reaouras MenagemeM Overley, as ideMMied in Sectbn 10.0 -Natural Reeourws, Figuro 41, d the Cty's General PIan7 X b. Charge in tM number d any ungw, ran ar erdargered species d plants or ttreir habitat iraludirp stands d trees? c. Charge in ties number d arty unigw, rare or endangered apeclea d animals ortheir hebkat? X' d. Removal d viable, mature trees? (B• or groater) Other? S. Noise: Could the proposal resole in: a. DewbpmeM d housing, heakh aro fadlkles, schools, kbraries, rNipbw fadlkias or adrer'rtdee' anskive uses b areas wMre existlrg or futon rape lewfs exwed an Ldp d 86 dB(A) exurpr and an Ldp d 45 dB(A) IMarior as ideMifad in Section 14.0 - Noiw, Fpuroa 14~ and 14-13 d the City's General Plan? gt.&, wewae v~soF_ tnam 10. PubYe Sarvba: Will the proposal impact the folbwing Yes No Maybe beyond tM capabilny to provide adequate levels of senrice7 a Fin proteetbn? ---~-_ b. Pone protectbnT -~ c. Schools (i.a, aaerrdance, boundaries, ov.rbed, etc.)? ~ d. Parks or other recnalbnai tacil'rt'wsT ~- e. Medical eklT ._--2L- 1. Solid Waste? X g. OIMrT 11. utuelea: Win the proposal: a Impact the tolbwing beyond the capability to provide adequate lewb of service or require the conetnxabn d new fadlnasT 1. Natural gas? 2. Ekctrbny? 3. Water? -.~ 4. Sewer? ~- 5. OtMrT b. Result in a d'rajomted psttam of ut0ity extenabnsT c. Requ'in the eonslruction of new fadlidaT 12 Matlratla: a Could tM proposal reauR In the obstruction of arty scMdc view? ~.L b. WiB 1M visual inrpael of tM project be detrimemal to the surroundirq areal _2'~ a Otfwr7 19. Oultunl Raaourgs: Could tfw pmpoaal resuh in: a 'Rw anaratlorr or destruction of a prehistorb or hisbric ardwaobgbal site by dawbpmem within an archaeological anei8w eras as idanllHed in Section 3.0 - Historkal, Figure 8. of the Cray's General PIanT b. Altantlon or destruction of a historical site, stnrcture . or oblReconnahsanoa Surv 's Historic Raourws ~- c. OtMrT vwr.eae r~~oF, ur-om 14. Mandatory Fktdinga of SlgnNbanca (Sedan 15065) TTro Califomfa Environmental Quality Ad states that U any of the folawing can be answered yes or maybe,lM project may haw a significant eHaet on the environment and an Environmemal Impact Report shill be prepared. Yes No Maybe a. Does the project hew tM potential to degrade the quaky of the emkonmeM, substantially roduw the habitat of • fleh or wYdWa apsaea, cauw a fish or wHdlNe populatlort to drop below sets sustainirp Iwels, threaten to aNminate a plats or animal community, redtrw 1M number or roslrict the range of a rare or endargarod plant or anNnal or eliminate important c?ampp col the major parade of CalMornia his~ry ~ proh ry b. (bas the project haw tla potential to achiwe short- Urm, ti the disadvantage d brq-tens, environmental goab? (A short-term impact on the environment is one which azure in a rolatfwy brkf, definitive period of tare while bng-term impacts wiU endure well into the futuro.) c. Does dro project haw impacts which aro individualy Nmifed, but cumuWiwy considerable? (A project may impact on two or moro separate roaources where the atpact on each resourw 's rolatlvaly small, but wham the sfletx of tfw total of those impacts on the environment is signUicanl.) ~ d. Dona the project haw environmental efteds which will cause substantial adveree eMeds on human beings, eitlar direly or indirectly? C. DISaI8S10N OF ENVIROfMAFMAL EVALUA710N AND MRit;AT10N MEASURES (Attach sheets as necessary.) i SEE RDD/T/BNAL .fiS~,EE1Y i G i i s I I PIArFe.O! PAtiE 60F_ nt-9q b. DewbpmeM of new or expansan of existirq industrial, Yes No Maybe commercial or other uses which generate noise levels on aroas cordaktirp housing, schools, heakh care facilities or otf?er sensitive uses above an Ldn of 65 dB(A) exterbr or an Ldn of 15 dB(A) interior? X o. aher? 8. Land We: Will the proposal rosuk fn: a. A charge in the land use as designated on the General Plan? X b. DewlopmeM wkhin an Airport DiaMct as ideMtiied in the Ak Instatietion Compdible Uw Zone (AICUZ) Report and the Land Use Zoning District Map? X c. Dewbpmera within Fcothiti Faro Zorws A 3 B, or C as identified on the Land Use Zoning District Meg? _j~L d. OtMr? 7. Man-Made Naards: Wili the propel: a. Use, storo, trarapori or dispose d hazardous or toxic materials (including but not kmked >b oil, pesticides, dromiala or radiation)? _~L b. Involve tfw rokase of hazardous substances? _JL c. Expose peopN to the pwential heakh/aafely hazards? d. Other? B. Housing: Will the proposal: a. Remove existing housing or <xeata a demand for addkional housirg? ~ i b. Other? ~ g. Trwportatlon ! CkcuMtlon: Could tlw proposal, in comparison wkh the Circulation Plen as identified in Section 6.0 - Circulation of the City's General Plan, rosuk in: i a. An increase in traffic that b groater than the Iand use des~ated on the Gerwral Pirn? ~L b. the of existing, or demand for new, parking -,~ facdkiealshuctures? c. knpact upon existing public tramporiatbn systems? d. Akeralion of prosem patiems 01 arouladon? ~ e. knpact to rok or air traffic? f. Increased safety hazards to whides, bicyclists or pedestrians? g. A disjointed patiem of roadway improvements? h. Signkkxnt inoreaw in traffic volumes on the roadways or intersegbns? ~ i. anen INITIAL STUDY for GPA91-08 3.2 ENVIRONMENTAL EFFECTS 3.2.1 Earth Resources l.a. The site ie developed, but if future development were to occur then grading with cut and/or fill activities is unlikely to involve earth movement exceeding 10,000 cubic yards. l.q. The land 'is within areas of liquefaction and subsidence concerns which will be factors if reuse of the site occurs at which time mitigation measures will be applied as appropriate. 3.2.2 Air Resources 2.a. The proposed amendment does not meet the criteria that could indicate statewide, regional or areawide significance due to its size. 3.2.3 Water Resources Any future development on the site will minimally affect absorption and runoff rates due to the small size of the parcel. Water resources will not be impacted. 3.2.4 Biological Resources When the City adopted the General Plan, a Biological Resource Management Overlay (BRM) was established. It was determined through field reviews and literature researches that within the BRM there was a potential for wildlife or wildlife habitat. This project is located outside of the BRM and not within proximity to a USGS blueline stream and no potential for wildlife or wildlife habitat exists. 3.2.5 Noise Additional noise impacts will not result from the proposed General Plan amendment due to the present development on the site and any future uses permitted by the CN land use designation. © O INITIAL STUDY for GPA91-OS 3.2.6 Land Use 6.a. The amendment is to change the General Plan Land Use Plan from RS, Residential Suburban to CN, Commercial Neighborhood. 3.2.7 Man-Made Hazards The storage and use of toxic materials is an inherent safety concern associated with commercial developments. These safety concerns will be addressed at the project review stage of any future development. 3.2.8 Housing Present or future housing stock is not impacted by the proposal. 3.2.9 Transportation/Circulation The present commercial use of the property does not provide for off-street parking. Future development will require observance with all appropriate standards to bring it into compliance with the General Plan and associated requirements in effect at such time. 3.2.10 thru 12 Public Services, Utilities, Aesthetics. These items are not impacted by this General Plan amendment. 3.2.13 Cultural Resources 13.a. The site is within the City's Urban Archaeological District and any future development will comply with appropriate review processes in place at that time. 3.2.14 Mandatory Findings of Significance The proposed General Plan amendment is not anticipated to have impacts that would be significant. i D. DETERMINATION On the basis of this inkial study, 'The proposed project COULD NOT have a signffieant effect on the environment and a NEGATIVE DECLARA- TION will be prepared. The proposed project could have a signfficam effect on the environment, akhough there will not be a signffieant effect in this case becauw the mkipffibn measures descried above have bean added to the project. A NEGATIVE DECLARATION wiN be preparod. The proposed project MAY have a eipnfficaM effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMfREE CITY OF SAN BERNAROINO, CALIFO//R~~NIA n ~/+de1 t~aNTlaoNteY . l'PrAerPwc R.},dN£R- Name and Tnk G.- S' lure Date: s- 30 - 9/ i PWHp PAOE_OF_ ntiq . ClTYOOF SAN BER~ARDlNO QENERAL PLAN AMENDMENT NO. 91-08 TITLE LOCATION and LAND USE DESIGNATIONS R L -~- ~' ~,,~ 7J~ ~ [r:+.a3~' ':?[a• ~ t ewe f~er~ rt ea~~~ar •[Ree I+ tt r ~L ' ~ _ W N r + • / f~ t ----; ~ 1 J r~ ~ s~rE _ . r' c ,; ~ ~i ~ ~ ~ ~ ~ } l e~wt~ y r EXHIBIT_t9__ ~ 4 1 Resolution No. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING TAE $ NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-08 TO THE GENERAL PLAN OF THE 4 CITY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLIAWS: 6 SECTION 1. Recitals 7 (a) The General Plan for the City of San Bernardino was 8 adopted by the Mayor and Common Council by Resolution No. 89- 9 159 on June 2, 1989. 10 (b) General Plan Amendment No. 91-08 to the General 11 plan of the City of San Bernardino was considered by the 12 Planning Commission on July 16, 1991, after a noticed public 13 hearing, and the Planning Commissions recommendation of 14 approval has been considered by the Mayor and Common Council. 15 (c) An Initial Study was prepared on May 15, 1991 and 16 reviewed by the Environmental Review Committee and the 17 Planning Commission who both determined that General Plan 18 Amendment No. 91-08 would not have a significant effect on 19 the environment and therefore, recommended that a Negative 20 Declaration be adopted. 21 (d) The proposed Negative Declaration received a 21 day ~ public review period from June 6, 1991 through June 26, 1991 ~ and all comments relative thereto have been reviewed by the ~ Planning Commission and the Mayor and Common Council in ~ compliance with the California Environmental Quality Act and ~ local regulations. 27 28 //// (1) • RESOLUTION ©ADOPTING THE NEGATI~ DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 91-08 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 1 '1 (e) The Mayor and Common Council held a noticed public 3 hearing and fully reviewed and considered the proposed 4 General Plan Amendment No. 91-08 and the Planning Division y Staff Report on August 19, 1991. G (f) The adoption of the General Plan Amendment No. 91- 7 08 is deemed in the interest of the orderly development of 8 the City and is consistent with the goals, objectives and 9 policies of the existing General Plan. 10 SECTION 2. Negative Declaration 11 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by 12 the Mayor and Common Council that the proposed amendment to 13 the General Plan of the City of San Bernardino will have no 14 significant effect on the environment, and the Negative 15 Declaration heretofore prepared by the Environmental Review 16 Committee as to the effect of this proposed plan is hereby ratified, affirmed and adopted. ~ 17 18 SECTION 3. Findings 19 BE IT FURTHER RESOLVED by the Mayor and Common Council ~ of the City of San Bernardino that: 21 A. The change of designation from RS, Residential Suburban ~ to CN, Commercial Neighborhood on 5,000 square feet ~ located on the northwest corner of Belleview Street and ~ "K" Street for proposed amendment will change the land ~ use map only and is not in conflict with the goals, ~ objectives and policies of the General Plan. 27 //// 28 //// (2) RESOLUTION© ADOPTING THE NEGAT~ DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 91-08 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 1 2 B. The proposed amendment will not be detrimental to the ~ public interest, health, safety, convenience, or welfare 4 of the City. 5 C. All public services are available to the study area. Any 6 development permissable under the CN, Commercial ~ Neighborhood designation proposed by this amendment 8 would not impact on such services. 9 D. The proposed amendment is to redesignate 5,000 square 10 feet CN, Commercial Neighborhood. No housing stock will 11 be affected. 12 E. The amendment site is physically suitable for the 13 requested land use designation. Anticipated future land 14 use has been analyzed in the Initial Study and it has 15 been determined that project specific mitigation 16 measures will be sufficient to eliminate any 17 environmental impacts. 18 SECTION 4. Amendment 19 BE IT FURTHER RESOLVED by the Mayor and Common Council ,~ that: 21 A. The Land Use Plan of the General Plan of the City of San ~ Bernardino is amended by changing approximately 5,000 ~ square feet (.il acre) from RS, Residential Suburban to ~ CN, Commercial Neighborhood. This amendment is ~ designated as General Plan Amendment No. 91-08 and its 26 location is outlined on the map entitled Attachment A-1, 27 and is more specifically described in the legal ~ description entitled Attachment B-1, copies of which are attached and incorporated herein by reference. - RESOLUTION ©ADOPTING THE NEGATI~ DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 91-OS TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 1 2 B. General Plan Amendment No. 91-08 shall be effective 3 immediately upon adoption of this resolution. 4 SECTION 5. Man Notation 5 This resolution and the amendment affected by it shall 6 be noted on such appropriate General Plan maps as have been 7 previously adopted and approved by the Mayor and Common 8 Council and which are on file in the office of the City 9 Clerk. 10 SECTION 6. Notice of Determination it The Planning Division is hereby directed to file a 12 Notice of Determination with the County Clerk of the County 13 of San Bernardino certifying the City~s compliance with CEQA 14 in preparing the Negative Declaration. 15 //// 16 //// 17 //// 18 //// 19 //// 20 //// 21 //// 22 //// 2S //// 25 //// 26 //// 27 //// 28 //// I (4) RESOLUTION.~DOPTING THE NEGATIV~ DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 91-08 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 1 2 I HEREBY CERTIFY that the foregoing resolution was duly 3 adopted by the Mayor and Common Council of the City of San 4 Bernardino at a meeting therefore, held on the 5 day of 1991, by the following vote, to 6 wit: 7 Council Members: AYES NAYS ABSTAIN 8 ESTRADA 9 REILLY l~ HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 City Clerk 18 The foregoing resolution is hereby approved this 19 day of , 1991. 20 21 ~ W. R. Holcomb, Mayor ~ ~ City of San Bernardino '~ ~ Approved as to form and legal content: ' ~ JAMES F. PENMAN, 26 City ~ttorney ,~ 27 By ` ~ ` ~'"-"''~ ZS CITY O GPAg 808NARDiN~ - '"'' LOCATION MAP ~~.•~~k~ L'""-~ AVENUES c EUREKA - iV W o r, 3 I _ /~ ' V ~ ` ~ N [^J i ®f ? - ~ _ W © ~ ® W _ t0 V j ~ ~ a O 4 © ~,b , J rO , ® . . l o _,_ e ~ ~, o srREEr $ 5 tFRANGES) "L~ - ~ O O O dN ~ ® W ~ O ~' Ou O C T k' ~ a p ?N I ® - ~ u tl. ® ~ ~ o a ~ 6 a ~ - u D ~ ~b u~ M O a~ s ~ W ® - {I s ~ r.. ,- O ro ® ®p ~ o0 ~ CN m 1 • . M n m~ Ak' ~ i iT q s^ srREEr. S , o ;., ° ,w3 ~K n i V m ~ ~ ~s aop ~ -1 Aso O ~w ~ •-~~ y . _:-+ , ~ Attachment A- CtT Ot= SAN BERC~,ARDlNO GENERAL PLAN AMENDMENT NO. 91'08 T I T L E LEGAL DESCRIPTION PARCEL DESCRIPTION 137-032-24 Lots 1 and 2, Block B, south 50 feet of the G.F. Woods subdivision as recorded in Book 15, Paqe 17 in the City of San Bernardino, County of San Bernardino, State of California i ATTACHMENT B-~