Loading...
HomeMy WebLinkAbout5997_CCv0001.pdf RESOLUTION NO. 5997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING AMENDMENT NO. 82 TO THE GENERAL PLAN WHEREAS, in the year 2000, the State Legislature enacted AB 1544 which established unique and significant planning and utilities rules, applicable nowhere else in the State, to the geographical area commonly known as the "Donut Hole;" and WHEREAS, AB 1544 had a significant limiting effect upon the City's ability to use the extension of the City's utilities infrastructure,and the provision of City utilities services,outside the City's boundaries as a method of controlling planning,development and land use within the"Donut Hole;" and WHEREAS, in response to action taken by property owners within the "Donut Hole" pursuant to AB 1544,on October 18,2000,the Local Agency Formation Commission for the County of San Bernardino removed the geographical area commonly known as the"Donut Hole"from the City's Sphere of Influence; and WHEREAS, on January 8,2002,the County of San Bernardino, CSA 70 EV-1 and the City entered into a comprehensive agreement for CSA 70 EV-1 to provide utilities services to the Donut Hole; and WHEREAS, as a consequence of all the foregoing events, City staff has now initiated General Plan No. 82 to remove the geographical area commonly known as the"Donut Hole"from the Planning Area of the City's General Plan; and WHEREAS,the Planning Commission of the City has held a duly noticed public hearing on the proposed general plan amendment and has referred the matter to the City Council for consideration; and WHEREAS,the City Council has held a duly noticed public hearing on the proposed general plan amendment and considered all verbal and written testimony provided during that public hearing; and WHEREAS,following its public hearing,the City Council has determined that the proposed general plan amendment follows as a logical consequence of all of the previous City and County actions described in this Resolution, brings the City's General Plan into conformance with existing law and is in the interest of the public health, safety and general welfare; and WHEREAS,this City Council has further determined,pursuant to Section 15162 ofthe State CEQA Guidelines,that previously prepared and certified environmental impact reports of the County of San Bernardino and the City adequately addressed any potential environmental effects resulting from the general plan amendment and that no additional environmental review is necessary under BzaWj m\Rcsot5447.wpd the California Environmental Quality Act before this City Council may take action on the General Plan Amendment; and WHEREAS, in accordance with CEQA, this City Council has specifically undertaken a review of the County of San Bernardino's October 23, 2001 EIR and determined that the environmental document adequately addresses the provision of utility services to the"Donut Hole" by CSA 70 EV-1; and, WHEREAS, for each significant effect on the environment associated with the project for which the County's October 23, 2001 EIR was prepared which cannot be mitigated to a level of insignificance,this City Council has adopted findings and a statement of overriding considerations recognizing that changes or alterations to the project are within the responsibility of another public agency and have been,or should be,adopted by that other public agency;or,that specific economic, social, legal, technological or other considerations make infeasible the mitigation measures or alternatives identified in the October 23, 2001 EIR; and WHEREAS, this City Council has further adopted findings and its statement of overriding considerations because of the General Plan Amendment's overriding benefit to Redlands' con-nnunity by carrying out the terms and provisions of the City's January 8, 2002 agreement with the County and CSA 70 EV-1, despite any potential environmental harm resulting from implementation of the Amendment and the project discussed in the County's October 23,2001 EIR; and WHEREAS, in its efforts to properly interpret and resolve any ambiguities that might exist in the Redlands General Plan as a result of the donut hole property by included in the City's Planning Area,this City Council is guided by the language of the court in Bownds v. City of Glendale, (1980) 113 Cal.App. 3d 875, 883 where it was stated: "Planning is at best an inexact science. General plans or policy statements are often semantical exercises which require considerable interpretation on the part of persons charged with implementing them" and that "a court cannot and should not involve itself in a detailed analysis of whether the elements of a General Plan are adequate to achieve its purpose. To do so would involve the Court in the writing of the Plan. That issue is one for determination by the political process and not by the judicial process;" and WHEREAS, for all of the reasons recited in this Resolution, this City Council believes it is appropriate and within the City Council's legislative discretion to remove the Donut Hole from the City's Planning Area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. That General Plan Amendment No. 82,removing the geographical area commonly referred to as the"Donut Hole"(as shown on Exhibit"A") from the General Plan's Planning Area, is hereby approved. f:lcaldj m%Re.sd,5997.wpd Section 2. That City staff is hereby ordered to remove,or change,all text, figures and maps in the City's General Plan that relate to the geographical area known as the "Donut Hole" in an appropriate manner to carry out the purposes of this Resolution and specifying that the Donut Hole is not within the City's Planning Area. Mayor of the City of Redlands ATTEST: I City lark 1,Lorne Poyzer,City Clerk of the City of Redlands,hereby certifies that the forgoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th day of January, 2002, by the following vote: AYES: Gouncilmembers Peppler, Gilbreath, George, Harrison; Mayor Haws NOES: None ABSENT: None City Clerk 1:tca%djrnlRes(5997.wpd