HomeMy WebLinkAbout04-22-1987 Minutes
City of San Bernardino, California
April 22, 1987
This is the time and place set for an Adjourned
Regular Meeting of the Mayor and Common Council of the
City of San Bernardino at their Regular Meeting held 9:05
a.m., Monday, April 20,1987, which was recessed to 9:00
a.m., Tuesday, April 21, 1987, and all members being
absent therefrom, the meeting was declared to be adjourned
to 9: 00 a.m., Wednesday, April 22, 1987, in the Council
Chambers of City Hall, 300 North "0" Street, San Bernar-
dino, California.
The City Clerk has caused to be posted the Notice of
Adjournment of said meeting held 9:05 a.m., Monday, April
20, 1987, which was recessed to 9:00 a.m., Tuesday, April
21, 1987, and all members being absent therefrom, the
meeting was declared to be adjourned to 9:00 a.m., Wednes-
day, April 22, 1987, and has on file in the Office of the
City Clerk an Affidavit of said posting together with a
copy of said Order which was posted at 9:00 a.m., Tuesday,
April 21,1987, in the Council Chambers of City Hall, 300
North "0" Street, San Bernardino, California.
The Adjourned Regular Meeting of the Mayor and Common
Council of the City of San Bernardino was called to order
by Mayor wilcox at 9:10 a.m., Wednesday, April 22, 1987,
in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California.
INVOCATION
The Invocation was given by Richard Bennecke, Execu-
tive Assistant to the Mayor.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Maudsley.
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Flores, Maudsley, Quiel, Strickler; City Attorney
Prince, City Clerk Clark, City Administrator Schweitzer.
Absent: Council Members Reilly, Frazier.
GENERAL PLAN ELEMENT EXTENSION -
APPLICATION TO STATE OF CALIFORNIA OFFICE
OF PLANNING AND RESEARCH
This is the time and place set for a public hearing
on the request for a General Plan Element Extension. The
document contains interim policies and procedures that
will govern Planning applications during the effective
period of the extension and also includes a work program.
(1)
The General Plan will be revised in five stages as
follows:
1. Collecting and analyzing information
2. Identifying issues/selecting goals and objectives
3. Developing and testing alternatives
4. Detailing the Plan
5. Reviewing and Adopting the Plan
The General Plan Element Extension document was first
presented at a Council Meeting held at 4:10 p.m., Monday,
April 13, 1987, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California. At that
meeting, the Mayor and Council granted a continuance to
this date, and allowed anyone to submit written comments
on the extension document.
Letters were received from the following:
Marguerite P. Battersby
Pyle, Attorneys for Jay
decke and Barbara L. Sky
of Brunick
Christopher
and
Sal-
Bruce D. Varner of Gresham, Varner,
Savage, Nolan and Tilden, on behalf of
Block Bros. Industries, Inc.
James L. Mulvihill, Ph.D., Associate Pro-
fessor and Urban Planning Coordinator,
Department of Geography, California State
University, San Bernardino
Darlene Fischer of Hill, Farrer
representing several property
the City of San Bernardino
& Burrill,
owners in
James M. Cowan, a concerned citizen
Cynthia Ludvigsen, Attorney, representing
a group of property owners in Highland
near city land and surrounding the area
covered by the Highland Hills Specific
Plan.
Mayor Wilcox opened the hearing and invited comments
first from the Council and then from members of the pub-
lic.
Darlene Fischer of the law firm of Hill, Farrer &
Burill, stated she was present to represent the following
owners of property within the City of San Bernardino:
John Markley, Myrna Overman Enterprises,
Inc., John C. Heers, Forecast Corp., Baker
Enterprises, Frank Tracadas and Associ-
ates, Cole Properties, Palm Avenue Inves-
tors, Highland Town Shop, Edith and Mel
Harrison, Jack Vegg, C and B Enterprises,
W. J. McKeever, Inc., Cessa Corporation,
Stewart Sterns, Stubblefield Companies,
Jenell Company, and Monick Development
Inc.
Ms. Fischer explained that her clients
oppose the Request for General Plan Extension
proposed, and asked the Council to consider the
strongly
as it is
following:
Is OPR less likely to approve interim
guidelines if the CUP requirement is
removed, or if the CUP requirement in-
cludes some standards for indicating when
that CUP will be granted or denied?
will OPR reject the interim guidelines if
Public Works and downtown developments are
required to meet the same standards as the
foothills?
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4/22/87
Does OPR require certain areas of the City
to be treated differently from other areas
of the City?
Does OPR require ministerial approvals to
go through a CUP process?
Does OPR require applicants to comply with
pol icies and programs of a proposed
General Plan, which does not exist and may
not exist for perhaps two years?
Does OPR
ments on
types of
mandate more stringent
residential housing than
development?
require-
on other
Can the consultant assure the Council that
OPR will accept these guidelines as pro-
posed?
Can the consultant say that
reject standards that are less
uncertain?
OPR would
vague and
Aren't these guidel ines as proposed only
one approach to interim planning?
Ms. Fischer asked the City to re-examine its policies
and procedures and at a minimum do the following:
1. Treat all those properties simi lar ly
situated in like manner.
2. Do away with the CUP requirement en-
tirely, unless the City is willing to
adopt specific identifiable standards for
granting denial of the CUP in order to
tell the community what they must do to
have a project approved.
If the Council persists in requiring a CUP at all,
Ms. Fischer requested that the CUP requirement not apply
to ministerial approvals, and that the following standards
be utilized to determine whether or not a CUP should be
granted:
1. Does the project conform to existing
land use designations?
2. At such time as goals and objectives
are formulated, is the project consistent
with those goals and objectives.
Ms. Fischer explained that in the proposed timeline
for development of a revised plan, the goals and objec-
tives are designed to be prepared in Phase Two; yet it is
not until Phase Four that specific policies and programs
would be drafted for consideration. It is unrealistic to
expect a proposed project to comply with pOlicies and
programs that are a couple of years off.
AS a third standard to granting of a CUP, Ms. Fischer
recommended that the Council find that a project would not
adversely impact the City's ability to develop and adopt a
valid General Plan.
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4/22/87
Ms: Fischer also recommended that if there are speci-
fic hazards, that the City designate what specific studies
are required in that zone, that Public Works projects and
central ci ty development be treated the same as other
projects, and that the Council replace the standards for
conformance with non-existent goals, policies, diagrams
and programs of a future General Plan with a realistic
text that is linked to existing land use as suggested or
the ability of the City to adopt a valid General Plan.
Ms. Fischer lodged her objections to the replacement
of the previous "Exhibit A Map" with a map on the board
known as the Greenbel t Map, as the Greenbel t Map has
never been the subject of public hearings, has never been
formally adopted by the City, and there was no indication
until today that the map was even being considered.
Ernest Riffenburg of Gresham, Varner, Savage, Nolan
and Tilden, representing Block Bros. Industries, requested
that additional burdens for Planning approvals not be
placed during the interim period. The Conditional Use
permi ts appear to be the pr imary problem and cause of
duplicative approvals.
Cynthia Ludvigsen, representing Dennis and Nancy
Johnson, and other property owners in the area surrounding
Highland Hills, spoke regarding the Highland Hills Speci-
fic Plan. She stated that the Plan was never properly
adopted by the City, but CUP and development proposals
have been approved based upon this plan.
Ms. Ludvigsen agreed with many of the points raised
by Darlene Fischer, but did not agree that existing land
use patterns should be the standard until there are other
goals or objectives because existing land use standards
are precisely the problem. The interim period should not
be a period of business as usual.
COUNCIL MEMBER FRAZIER ARRIVED
At 9: 30 A.M., Council Member Frazier arrived at the
Council Meeting and took his place at the Council Table.
Ms. Ludvigsen explained why she felt there
valid reason for focusing on the foothill areas.
are the largest open space areas remaining.
is a
These
Marguerite Battersby of Brunick and Pyle, represent-
ing Saldecke and Sky, the plaintiffs in the General Plan
lawsui t, spoke regard ing a discrepancy between the two
draft Requests for General Plan Extension, and endorsed
the comments of Cynthia Ludvigsen and the comments of
Darlene Fischer in part.
Joy Kolstadt, 1542 Indian Trail, requested that more
public input be given to the General Plan revision and
that notice be given in the newspaper.
Cynthia Grace, Deputy City Attorney, responded to the
written comments of Gresham and Varner, et al, that it is
not the intent of the City to require duplicative appro-
vals and gave an example of how the process would work.
Only one discretionary permit will be required of any
project, and this is also true of any successive permits
as they come down the pipeline.
Ms. Grace suggested that on Figure 1 of Exhibit C
that the following be added to Item 14: "...building per-
mits for single family dwellings where tentative maps have
been approved and recorded outside of the hazard zones...",
and add an "x" in the ministerial box.
4 4/22/87
Ms. Grace suggested that "any applications" in Number
2 be clarified to exclude grading permits, water hook up
permits, and street improvement plans. There is no in-
tent to require additional successive discretionary re-
views.
"and
time
with respect to Item No.8, Ms. Grace added the words
time extensions" to indicate that subdivisions and
extensions are discretionary.
It was agreed that the following footnote would be
added: "Only one discretionary hearing will be required
for each application".
Ms. Grace stated that to clarify that it is not the
Council's intent to re-enact the urgency ordinance, that
the Council delete the reference to the map adopted on
April 6, 1987, and substitute in its stead the map on the
wall identified as Foothill Fire Hazard Zone.
In response to Ms. Fischer's comments, Ms. Grace
stated there were extensive public hearings on the docu-
ment entitled: "Foothill Communities Protective Greenbelt
Program" also known as the "Greenbelt Study", and
explained that the southern boundary of Foothill Fire Zone
C is almost identical to the diamond line which was
adopted on April 6, 1987, with the exception of the detour
around the north face of Little Mountain.
The purpose of this is to protect development within
the sensitive foothill area, and to have the City require
the same development standards for all identified hazard
areas throughout the City.
Also in response to Ms. Fischer, Ms. Grace explained
that the Municipal Code contains standards for development
and required findings. Other standards that apply depend
on the location of the property. In the Greenbelt Area,
the Greenbel t Standards would apply and in the Verdemont
Area the Verdemont Standards would apply, etc. This is
no more than a restatement of existing policy.
Cynthia Grace explained the purpose of "preferred
land use alternative" and answered questions of the Coun-
cil. Prior to adoption of the "preferred land use alter-
native", the City would abide by the existing land use
diagrams that have already been adopted. She offered that
where the Interim Policies say after "proposed general
plan elements", that the following should be added: "No
proposed land use al terna ti ve will have any leg al effect
until officially adopted by the Mayor and Council".
It was agreed by the Council
tence would be added to Nos. 1,
Policies and Procedures.
that the foregoing sen-
2 and 4 of the Interim
Darlene Fischer presented a letter from the City
Clerk stating that her office has researched the records,
and finds no resolution or ordinance adopting the Green-
belt Study. She Objected to the adoption of a map which
was not adopted by the City. She again objected to
selecting a certain area of the City for disparate treat-
ment. For example, though the San Andreas fault is in-
cluded in the Greenbelt Study, there is no mention of the
San Jacinto fault.
5
4/22/87
Ms. Fischer suggested that the various standards for
development be spelled out for each specific area such as
a hazard area so that developers and the public are aware
of the specific requirements for an area. She also stated
that it is not clear that the existing land use desig-
nations will be operative until the preferred land use
alternative is adopted.
Ms. Grace disagreed that the matter needed further
clarification.
Ms. Fischer objected to the requirement in the In-
terim Policies and Procedures that states that no discre-
tionary development application shall be approved unless
the decision making body makes formal findings that the
project is consistent with the goals, objectives, poli-
cies, diagrams and programs of the City's existing and (on
the basis of available information) proposed General Plan
elements. The City will have a situation where goals and
objectives are adopted prior to the ultimate land use
designations in Phase 4 and the City will have a conflict-
ing situation. To simplify this, the City should only
require the development to meet the land use designations.
Ms. Grace explained why the City must look at the
document as a comprehensive plan and not just the land use
element. When the preferred land use alternative is
adopted in Phase 4, the City will have revised the goals
and objectives, and at that time the new goals, policies
and objectives will override the old ones.
The Mayor and Council discussed the language in Part
4 of the Interim Policies and Procedures.
Ms. Grace read the modified wording in Part 4.
Ms. Fischer requested further clarification to Part 4
to clarify what would be operative until the preferred
land use alternative is adopted.
Ms. Grace explained that the Ci ty does not want to
limit the determination of consistency to just the land
use element. The City needs to make that determination
in light of all of the elements and area plans. Her con-
cern was deleting the language of the goals and objectives
and limiting it to diagrams.
Bill Abbott, Special Counsel to the City, stated that
the Office of Planning and Research is unlikely to approve
a set of conditions that basically waive the existing
General Plan and rely solely on a document that is a pre-
ferred alternative. The Office of Planning and Research
is more likely to take the position that during the course
of the General Plan revision, the City must not only have
consistency with existing General Plan documents, but at
that point in time, whether it be the point in time that
the preferred alternative is approved by the City Council
or by the Planning Commission, then a project must also be
consistent with that document, so there will be two tests
of consistency.
Prior to the adoption of the preferred alternative,
the only cr iter ia used to judge documents wi 11 be the
existing General Plan. The preferred alternative will not
be a basis for denying a project until such time as the
Council approves it.
6
4/22/87
r
Mr. Abbott explained that when a project has a land
use designation that is inconsistent with the General
Plan, the project cannot go forward. Findings of consis-
tency must be made for development during this revision
process. The whole purpose of the General Plan extension
is to preserve planning options while the City is doing
the General Plan.
Ms. Fischer made her concluding remarks and reiter-
ated her objections to Part 4 of the Interim Policies and
Procedures, in summary: the lack of standards, substi tu-
tion of the Greenbelt map, and disparate treatment of
areas.
Deputy City Attorney Grace answered Ms. Fischer's
concerns, and explained that all hazard zones will be
treated the same under the OPR application and that Ex-
hibit E of the extension document will include all exist-
ing planning policies for OPR review.
Ms. Grace stated that the Foothill Fire Zone map has
been used as part of the data base in processing every
application through the Development Rev iew Commi ttee to
determine whether there is or is not a fire hazard atten-
dant to the project.
Ms. Grace explained that there is no exception for
infill housing if it falls within a designated hazard zone
on Figure 1. The only exception for infill housing would
come in Section 3 of Figure 1 where there are less than
twenty units. She explained why the standards are differ-
ent for a house on a collector street.
Dave Anderson, Acting Planning Director, recommended
as a solution, that a traffic study be required through
the planning process for infill housing, and that with
permission of the Traffic Engineer, an existing traffic
study could be used.
Bill Abbott stated that there is a rational basis for
requiring additional review, even for a single family
home, but this is basically a policy matter and the Coun-
cil may not want to adopt such a condition.
The Council presented their concerns that someone
coming in for an accessory use, such as a patio, would
have to go through a CUP process.
Deputy City Attorney Grace recommended that the docu-
ment be revised in Item No.9 to read: "...other building
permi ts including accessory structures and uses". This
will make it clear that the intent is to handle these
types of permi ts exactly as the Ci ty always has: to treat
them as ministerial, basically as an over-the-counter type
of process.
Ms. Grace also recommended that Item No.3 be revised
to state that any infill housing shall be treated as mini-
sterial whether or not it is in a hazard zone.
The Council discussed the need to extend the above
exception to include small commercial development.
Dave Anderson, Acting Planning Director, recommended
that infill housing be excluded from Item 2, rather than
from Item 3.
Ci ty Attorney Prince spoke regard ing standards for
commercial as opposed to residential development.
7
4/22/87
Arnold Stubblefield of Stubblefield Properties, spoke
regarding the CUP process, and asked if it is absolutely
necessary to OPR that a CUP be required in any place that
it is not required today? He also emphasized that the
General Plan is defective in the whole city, not just in
Highland and Verdemont, and that he strenuously resents
the discriminatory nature of this document.
Special Counsel Abbott responded that there is no
legal requirement that the City has to submit a CUP pro-
cess to the Office of Planning and Research. There are an
infinite number of policies and procedures that the Coun-
c i 1 could choose to adopt. However, thi s CUP process
gives the City a regulatory tool to make up for the age of
the existing General Plan document.
Mr. Abbott also stated that the City is entirely
justified in making geographic designations and setting
forth different procedural requirements in different parts
of the City.
Deputy City Attorney Grace stated that the City can
anticipate that OPR will impose some limitations on what
the City can approve during the interim period, whether we
volunteer such a condition or not. Resolving these issues
up front will put the Ci ty' s appl ica tion on more sol id
ground.
Mr. Stubblefield pointed out that the City's green-
belt study was found to be extremely defective and contra-
dictory, and was changed extensively by the County when it
was adopted by the County. It was originally the desire
of the City and County that the adopted greenbelt study be
substantially the same for each, but that is not the
case.
David Mularski, a concerned citizen, expressed con-
cerns regarding Item 7 as far as a preferred land use plan
being developed some ten or twelve months down the road
because a developer could be near completion on approval
of a project and have made substantive financial commit-
ment to the property, but if the proj ect is loca ted in a
hazard area and the developer has not yet pulled the
building permits, then the developer must file a CUP for
this ministerial application. If the developer is then
faced with a preferred land use plan which says the den-
sity should be lowered or the land use should be changed,
there cannot be a finding of consistency for the condi-
tional use permit application.
Mr. Mular ski al so suggested tha tare-study of the
high fire hazard is in order due to the amount of develop-
ment that has taken place in the foothills.
Helen Kopcynski of 8150 Cable Canyon Road, complained
about the continued use of CUPs giving the City Council a
lot of leeway in approving development. She opposed stan-
dards under the R3 ordinance, which allow discretionary
approval of 100 units or less, and also opposed exemption
of commercial and industrial under the extension document.
Ms. Kopcynski spoke regarding the need to set stan-
dards for development in hazard areas and opposed the
extension document, stating she would lobby the Office of
Planning and Research.
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4/22/87
l
Darlene Fischer spoke regarding different treatment
in different parts of the City and referred to the dif-
ferences in Item 4 and Item 7 to make her point. Item 7
requires a CUP only for development in the foothill areas
and uses a map (the Greenbelt Map) that has not been
approved as an official document. If the Council insists
on requiring a CUP for development, let this requirement
apply citywide. If the differentiation is for the purpose
of dealing with hazard zones, then set standards that
developers must meet before building in the hazard zones.
Ms. Fischer recommended that Item No.5 be revised to
explain that the term "cumulative impact" be defined as
defined by the California Environmental Quality Act.
Attorney Cynthia Ludvigsen objected to the revised
extension document allowing General Plan amendments and
zone changes during the extension period, as this would
leave too much discretion. She agreed that requirements
for hazard studies should be set forth clearly in the
extension document and that too much discretion has been
left in the document.
Deputy City Attorney Cynthia Grace answered questions
of the Council about the infill housing exemption, and
explained how it would be presented in the extension
application. She recommended that Figure 1, 2f, where it
says: .....adjacent to major, secondary or collector
streets or highways..... be amended to include: "(excepting
infill housing)", meaning one dwelling on an existing lot
of record.
It was agreed that Item 3c: less than 50,000 square
feet, non-residential, would be exempt from Item 2f. (same
as infill housing).
Ms. Grace stated that Item 8 of Figure 1 was revised
to read: .....subdivisions plus time extensions..... and 9
was revised to read: .....other building permits including
permits for accessory structures and uses".
A discussion ensued regarding the use of the Foot-
hill Communities Protective Greenbelt Study and whether or
not a document never officially adopted by the Council can
be used and referred to in the General Plan Extension
Application.
The City Attorney and Deputy Ci ty Attorney
explained how the Greenbelt Study can be used in the ex-
tension document. The boundary lines are being referenced
as the boundary lines that relate to the extension appli-
cation; the Council is not adopting the Greenbelt Plan at
this time.
It was agreed that
"Foothill Fire Zonel1 in
Greenbelt Study.
the boundaries would be renamed
order to avoid reference to the
Attorney Darlene Fischer pointed out that Item 7
states the City shall use the Foothill Communities Pro-
tective Greenbelt Program to help evaluate projects within
the foothill areas, and asked clarification as to whether
or not it is the Council's intent to retain that program
to help evaluate the projects; if so, what does "evaluate"
mean?
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4/22/87
Ms. Grace replied that the development standards set
forth in the Foothill Communities Protective Greenbelt
Program are incorporated verbatim in the Verdemont Area
Plan. So, as far as Verdemont is concerned, the standards
are the same.
Ms. Fischer stated that there was need to clarify
whether the Greenbelt Study was being used for boundaries
only or to evaluate projects in that area.
It was agreed by the Mayor and Council that the re-
visions would be completed by the City Attorney's staff by
2: 30 p.m., this date and the Council would reconvene at
4:00 p.m.
Council Member Flores stated he could not be present
at 4:00 p.m.
RECESS MEETING
At 11:40 a.m., Council Member Estrada made a motion,
seconded by Council Member Frazier, that the Adjourned
Regular meeting of the Mayor and Common Council of the
City of San Bernardino recess until 4:00 p.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The motion carried by the following vote: Ayes:
Council Members Estrada, Maudsley, Quiel, Frazier, Strick-
ler. Noes: Council Member Flores. Absent: Council Member
Reilly.
RECONVENE MEETING
At 4: 15 p.m. the Adjourned Regular
Mayor and Common Counci 1 of the Ci ty of
reconvened in the Council Chambers of City
"D" Street, San Bernardino, California.
Meeting of the
San Bernardino
Hall, 300 North
ROLL CALL
Roll Call was taken by the Ci ty Clerk wi th the fol-
lowing being present: Mayor Wilcox; Council Members:
Estrada, Maudsley, Quiel, Strickler; City Attorney Prince,
City Clerk Clark, City Administrator Schweitzer. Absent:
Council Members: Reilly, Flores, Frazier.
GENERAL PLAN ELEMENT REVISION - CONTINUED FROM
EARLIER IN MEETING
This is the time and place continued
deration of a General Plan Element Revision
of San Bernardino.
to for consi-
for the Ci ty
(I)
Copies of revised pages as discussed earlier in the
meeting were distributed.
City Attorney Prince answered questions stating that
even though it is not specified in the General Plan Ele-
ment Revision, that the general policy of applicants
having the right to appeal to the Mayor and Common Council
concerning requirements in the revision, would still hold
true, as this document does not address zoning and plan-
ning procedures. He further stated that a note could be
added to the General Plan Element Revision that all of the
Ci ty' s zoni ng and other ord inances are appl icable to the
interim policies.
Cynthia Grace, Deputy City Attorney, stated that
copies of all of the City's existing procedures, ordi-
nances, resolutions and plans relating to the planning
process are being transmitted to Sacramento under separate
cover, so it is unnecessary to restate existing law in the
application.
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4/22/87
Special Counsel Abbott stated that normal assumption
at OPR is that all of the existing rules and procedures
will continue to be in force, and that is why OPR requests
copies of all regulations, as the General Plan Extension
or the extension conditions, act in conjunction and in
addition to the General and Area Plans, etc.
The addition of a period after "recorded" and the
striking of the words "outside of areas identified in 2a
through f above", Page 4, Figure 1, Item 14, was discussed
as having the effect that all building permits for single
family dwellings be made ministerial, irrespective of
whether they are inside or outside of hazard areas. They
would have already had discretionary approval in the form
of a tentative map, and would not require another discre-
tionary approval.
Darlene Fisher, Attorney representing area property
owners, requested the inclusion of standards in the draft
references on Page 3, Exhi bit 3, in order to precl ude
confusion as to their definition.
Cynthia Grace,
standards will be
transmitted to OPR.
Deputy City Attorney, stated that the
a part of Exhibit E, which will be
Attorney Fisher requested that the language in Poli-
cies 1, 2, & 4 regarding the use of the existing General
Plan vs. proposed land use alternative be modified to
clarify that it is the intent of the Common Council that
until the preferred land use alternative is adopted that
the project will be required to be consistent with the
existing General Plan.
Special Counsel Abbott outlined the planning process
that the City will go through. The City Planning Consul-
tants will generate alternatives for consideration. During
Phase 3, the Council will identify what they view as a
preferred alternative among four. That action is separate
and distinct from the ultimate adoption of the General
Plan. The underlying language takes effect at the time
the Council identifies its preferred alternative.
Marguerite Battersby, Attorney representing Saldecke
and Sky, expressed a different interpretation from that of
Ms. Fisher of Mr. Abbott's earlier statements. Concern
was expressed over giving the Council and the City the
discretion to continue approving projects and developments
based entirely on the existing General Plan, when the
existing General Plan does not contain any of the neces-
sary and mandatory elements. She requested that any pro-
ject that could be affected by a change in an element or
which contains aspects which would be addressed by an
element, which may not exist in the General Plan now, be
put on hold until Phase 3. For a 10 month period, any
project which could foreseeably jeopardize the ability of
the City to adopt a valid General Plan, would be put on
hold until such time as the land use alternative is
adopted, in order to preclude a flurry of development
applications coming through in anticipation of free
license for the next ten months, until stricter standards
are imposed.
Special Counsel Abbott stated that if the legislature
had intended development to halt during the period of time
that the General Plan was being revised, they would not
have provided this type of remedy. The application to OPR
is to permit types of development to occur at the same
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4/22/87
l
time that the reV1Slon of the General Plan is going for-
ward. In view of the requested changes to Policies 1, 2,
and 4, he suggested that the following be the concluding
sentence of paragraphs 1, 2 and 4: "Findings of consis-
tency with the preferred land use alternative shall not be
required until the preferred land use alternative is
approved by the Mayor and Common Council."
The Mayor and Common Counc il agreed wi th the recom-
mendation of Special Counsel Abbott.
Mayor Wilcox asked for any further comments of the
public, staff or Council.
RES. 87-135 - RESOLUTION OF THE CITY OF
SAN BERNARDINO SUPPORTING THE REQUEST OF
THE STATE OFFICE OF PLANNING AND RESEARCH
FOR A TIME EXTENSION TO COMPLETE THE
GENERAL PLAN.
City Clerk Clark read the title of the resolution.
Council Member Strickler made a motion, seconded by
Council Member Quiel and unanimously carried, that further
reading of the resolution be waived and that said resolu-
tion be adopted as amended by interdelineation.
Resolution No. 87-135 was adopted by the following
vote: Ayes: Council Members Estrada, Maudsley, Quiel,
Strickler. Noes: None. Absent: Council Members Reilly,
Flores, Frazier.
ADJOURNMENT
At 4: 50 p.m., Council Member Quiel made a motion,
seconded by Council Member Strickler and unanimously car-
ried, that the meeting be adjourned.
~//ff4 ~ff
/' City Clerk
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4/22/87