HomeMy WebLinkAbout1995-128
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RESOLUTION NO. 95-128
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DETERMINING THAT PROPER LAND USE PLANNING
3 MAY BE ACCOMPLISHED IN THE VICINITY OF THE SAN BERNARDINO
INTERNATIONAL AIRPORT.
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SECTION 1. Recitals
(a) WHEREAS, Public utilities Code Section 21670 et seq.
provides for the establishment of an airport land use commission
(ALUC) in every county in which there is located an airport which
is served by a scheduled airline; and
(b) WHEREAS, prior to passage of Senate Bill 443 (enacted and
effective June 30, 1993), section 21670(b) of the Public utilities
Code provided that each county "shall" establish a commission in
such circumstances; and
(c) WHEREAS, Senate Bill 443 amended section 21670 (b) to
14 change the term "shall" to "may" in order to relieve local entities
15 such as the County of the duty to incur unnecessary expenses in
16 certain aspects of airport land use; and
17 (d) WHEREAS, the Mayor and Common Council, by adoption of
18 Resolution No. 93-429 on November 15, 1993, withdrew from the Joint
19 Powers Agreement (JPA) which established the East, West, and
20 Mountain/Desert Planning Agencies - Airport Land Use Commissions;
21 and
22 (e) WHEREAS, the State of California no longer reimburses San
23 Bernardino County for administration of the ALUC program; and
24 (f) WHEREAS, Assembly Bill No. 2831 (effective January 1,
25 1995) amended section 21670(b) to change the term "may" to "shall"
26 in order to reinstate the requirement that local entities establish
27 an ALUC; and
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(g) WHEREAS, Assembly Bill No. 2831 amended Public utilities
Code section 21670.1 to provide an alternative procedure to the
requirement for the establishment of an ALUC which allows local
jurisdictions to make land use decisions for areas within a public
use airport sphere of influence as designated by the Comprehensive
Airport Land Use Plan (CALUP); and
(h) WHEREAS, use of the alternative procedure set forth in
section 21670.1 rather than re-establishment of the County ALUCs
will eliminate redundant reviews and streamline processes; and
(i) WHEREAS, the City of San Bernardino has been coordinating
airport-related planning efforts wi th the San Bernardino
International Airport Authority (SBIAA) and the Inland Valley
Development Agency (IVDA); and
(j) WHEREAS, the SBIAA and IVDA are comprised of
representatives of the surrounding cities, including the City of
San Bernardino, and the County; and
(k) WHEREAS, comprehensive land use planning efforts are
currently underway for the San Bernardino International Airport
through the preparation of a specific plan which will establish
compatible land uses consistent with the Division of Aeronautics
Airport Land Use Planning Handbook; and
(1) WHEREAS, the existing Interim Airport Operating Plan
establishes the parameters for comprehensive airport land use
planning.
SECTION 2. Findinqs
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
(a) The Mayor and Common Council hereby adopts the
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alternative procedure set forth in Public utilities Code section
21670.1, subdivision (C); and
(b) The Mayor and Common Council hereby determines that
proper land use planning pursuant to Article 3.5 of Chapter 4 of
Part 1 of Division 9 of the Public utilities Code can be
accomplished pursuant to Public utilities Code section 21670.1,
subdivision (c); and
(c) The Mayor and Common Council hereby determines that
proper land use planning may be accomplished within areas around
the San Bernardino International Airport by using as guidelines the
State Division of Aeronautics Airport Land Use Planning Handbook
and any applicable federal aviation regulations; and
(d) The Mayor and Common Council hereby determines that
proper land use planning may be accomplished within areas around
the San Bernardino International Airport through local planning
laws and ordinances which will address the preparation, adoption
and amendment of comprehensive airport land use planning criteria;
and
(e) The Mayor and Common Council hereby determines that the
planning efforts for the San Bernardino International Airport will
involve notification of the general public, landowners, interested
groups, and other public agencies regarding the preparation,
adoption, and amendment of the General Plan and Development Code to
incorporate comprehensive airport land use planning criteria,
consistent with established City policies and adopted procedures;
and
(f) The Mayor and Common Council hereby determines that a
process for the mediation of disputes arising from the preparation,
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adoption, and amendment of the comprehensive airport land use plan
will be established by the Mayor and Common Council; and
(g) The Mayor and Common Council hereby determines that the
City of San Bernardino shall be responsible for comprehensive
airport land use planning efforts in cooperation with adjacent
impacted jurisdictions, and the SBIAA and IVDA; and
(h) The Mayor and Common Council hereby determines that the
city's General Plan and Development Code will be amended, where
necessary to incorporate the requirements of comprehensive airport
land use planning.
SECTION 3. Environmental Determination
BE IT FURTHER RESOLVED that the Mayor and Common Council
hereby determines that the adoption of the alternative procedure is
exempt from the provisions of the California Environmental Quality
Act (CEQA) per Public Resources Code section 21000 et seq.
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95-128
.
1 RESOLUTION. . .DETERMINING THAT PROPER LAND USE PLANNING MAY
BE ACCOMPLISHED IN THE VICINITY OF THE SAN BERNARDINO INTERNATIONAL
2 AIRPORT.
3 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and
Council of the City of San
Common
Bernardino at a
reqular
meeting thereof, held on the
1st
May
, 1995, by the following
day of
7 vote, to wit:
8 Council Members AYES NAYS
NEGRETE x
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CURLIN x
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HERNANDEZ x
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OBERHELMAN x
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DEVLIN x
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POPE-LUDLAM x
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MILLER
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ABSTAIN
ABSENT
x
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The foregoing resolution is
K. 0<cJ.J C2fJ1.L
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hereby approved this 3r(
May
day of
, 1995.
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Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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