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HomeMy WebLinkAbout2022-01 RESOLUTION NO. 2022-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE CITY OF GRAND TERRACE'S PROPOSED ACQUISITION OF REAL PROPERTY LOCATED NORTH OF THE INTERSECTION AT MICHIGAN STREET AND COMMERCE WAY IN THE CITY OF GRAND TERRACE (APNS 1167-231-10 & 1167-231-22 AND APPROXIMATELY 12,800 SQUARE FEET) IS NOT SUBJECT TO AND EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3); AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR SUCH PROPOSED ACQUISITION OF REAL PROPERTY BY THE CITY OF GRAND TERRACE WHEREAS, the City of Grand Terrace is proposing to acquire an approximately 12,800 square-foot vacant land from San Bernardino County Transportation Authority (SBCTA) located north of the intersection at Michigan Street and Commerce Way within the Barton Road Specific Plan (BRSP) with Assessor Parcel Nos. 1167-231-10 & 1167-231-22 (Property); WHEREAS, the Property is zoned BRSP General Commercial and is designated General Commercial on the General Plan Land use Map; WHEREAS, the General Commercial land use designation is primarily located along Barton Road and near the 1-215 Freeway. It provides for general commercial uses to serve the retail and service needs of the community; WHEREAS, as stated in the Grand Terrace General Plan, the BRSP has been prepared in compliance with the goals and policies of various elements including Land Use and Circulation. It serves the zoning code by providing direct service along the primary transportation corridor that runs along its length through the City. It provides direct access to Interstate 215 and direct service to the Barton Road Specific Plan-General Commercial designation; WHEREAS, Government Code Section 65402 stipulates that prior to the acquisition of real property by a government agency, the planning agency of the jurisdiction in which said Property is located must first make the finding that the acquisition of said Property is in conformance with the adopted General Plan of the local jurisdiction; WHEREAS, this action is not subject to environmental review pursuant to CEQA Regulations Section 15060(c)(3) of the CEQA Guidelines. The activity is not a project as defined in Section 15378 (b) (5) - Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Further, even if it is a project, this action is exempt from CEQA pursuant PC Reso No.2022-01 Page 1 of 3 February 3,2022 to Section 15061(b)(3) (when it can be seen with certainty that there is no possibility that an action will have a significant effect on the environment, that activity is not subject to CEQA). The evaluation of General Plan conformity for the purchase of the Property by the City of Grand Terrace will not have any effect on the environment. Ownership will change; however, no physical changes are proposed or authorized with the purchase. Therefore, it can be seen with certainty that there is no possibility of significant environmental effects and the purchase is not subject to CEQA. Any use as determined by the City Council would be subject to a separate discretionary action and CEQA compliance review at that time. The full extent of the future use, design, and operations of the Property are speculative at this point and are therefore not yet ripe for evaluation. Potential environmental impacts will be evaluated at the time the City Council considers establishing the specific use for the Property; WHEREAS, on February 3, 2022, the Planning Commission conducted a duly noticed public meeting on this matter at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the meeting on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Grand Terrace, as follows 1. The Planning Commission hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct and are incorporated herein by this reference. 2. Based upon the forgoing and written and oral presentations made by City staff and members of the public, including, but not limited to, written and oral staff reports, at the February 3, 2022, public hearing, the Planning Commission hereby finds that the General Plan conformance finding pursuant to Government Code Section 65402 as provided herein is not subject to environmental review pursuant to CEQA Regulations Section 15060(c)(3) of the CEQA Guidelines. The activity is not a project as defined in Section 15378 (b) (5) - Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Further, even if it is a project, this action is exempt from CEQA pursuant to Section 15061(b)(3) (when it can be seen with certainty that there is no possibility that an action will have a significant effect on the environment, that activity is not subject to CEQA). The evaluation of General Plan conformity for the purchase of the Property by the City of Grand Terrace will not have any effect on the environment. Ownership will change; however, no physical changes are proposed or authorized with the purchase. Therefore, it can be seen with certainty that there is no possibility of significant environmental effects and the purchase is not subject to CEQA. Any use as determined by the City Council would be subject to a separate discretionary action and CEQA compliance review at that time. The full extent of the future use, design, and PC Reso No.2022-01 Page 2 of 3 February 3,2022 operations of the Property are speculative at this point and are therefore not yet ripe for evaluation. Potential environmental impacts will be evaluated at the time the City Council considers establishing the specific use for the Property. 3. Based upon the forgoing and written and oral presentations made by City staff and members of the public, including, but not limited to, written and oral staff reports, at the February 3, 2022, public hearing, the Planning Commission specifically finds: a. The purpose of the BRSP and associated zoning districts is to assure the systematic implementation of the City of Grand Terrace's General Plan within the BRSP area. The General Commercial designation is primarily located along Barton Road and has direct access to the Interstate 215 Freeway. It provides for a wide range of retail and service commercial opportunities designated to meet the needs of the City's residents, businesses, and visitors while also providing employment opportunities. general commercial. b. The Property is zoned BRSP General Commercial and is designated General Commercial on the General Plan Land use Map. C. The City of Grand Terrace intends to acquire the Property for the purpose of future commercial/economic development. d. Therefore, the proposed acquisition of the subject Property would be accomplished for the intended purpose of implementing the Barton Road Specific Plan, in accordance with the General Plan land use designation, goals, and policies. 4. Based upon the forgoing and written and oral presentations made by City staff and members of the public, including, but not limited to, written and oral staff reports, at the February 3, 2022, public hearing, and on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Planning Commission hereby finds that proposed acquisition of the subject Property would be in conformity with the Grand Terrace General Plan in accordance with Government Code Section 65402. 5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this Resolution. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting and public hearing held on the 31d day of February 2022. i ATTEST: l� G7 Debra L. Thomas Edward Giroux City Clerk Planning Commission Chairman PC Reso No.2022-01 Page 3 of 3 February 3,2022 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being PC Resolution No. 2022-01 was duly passed, approved and adopted by the Planning Commission/Site and Architectural Review Board, approved and signed by the Chair, and attested by the City Clerk, at the regular meeting of said Planning Commission/Site and Architectural Review Board held on the 3rd day of February 2022 and that the same was passed and adopted by the following vote: AYES: Commissioners Alaniz, McConnell, Cesena; Chairman Giroux NOES: None. ABSENT: None. ABSTAIN: None. Executed this 41h day of February 2022, at Grand Terrace, California. Debra L. Thomas City Clerk