HomeMy WebLinkAbout1983-150
1
RESOLUTION NO.
83-150
2 RESOLUTION OF THE CITY OF SAR BERNARDINO SUPPORTING ASSEMBLY
BILL 1764.
3
4 I"HEPEAS, major planned co~~unity projects are increasingly
5 using specific plan formats, as provided by state lal;, to obtain
6 developMent approvals; and
7 t"HE?BAS, these specific plans are generally co"'pleted before
8 tentative tract submittals, ano
9
WHEREAS, as a post-Proposition 13 reality, these same
10 specific plan projects are being required to finance or othenlise
11 provioe cOJT1ffiuni ty-wide needeo public facilities, an,'
12
r".THEREAS, these facilities are over and above t.hose needed to
I serve individual project residents; and
I I,HEREAS, special interest groups are increasingly lodging
I general plan adequacy or gener8.1 plan consistenc~' Im"suits against
I specific plans in order to ,,'rest concessions fro!". loc;'\l
13
14
15
16
17
governments and/or developers; and
18
t'THEREAS, the major threi'\t to tIle developer if] that a court
19
,'/ould decide to enjoin or halt a development at a future date; and
20
r''HEREAS, currently, unlike CEQA statutes ani! tentative tract
21
maps, there is no timely statute of limitations protecting
22
speciFic plans from lawsuits, i'llld
23
r,'THEREAS, AsseP1bly Bill 1764 provides that if a developer of
24
a specific plan abides by the local government rules and
25
regulations, and commits to providing needed public iTI'provements,
26
then the specific plan of that developer should not be enjoined
27
by a court in the event of a general plan lav/Suit, and
28
~"HEREAS, Assembly Bill 1764 proposes to limit any court's
1
II remedy or a~ility to
~planned proJects;
halt development as it applies to specific
2
3
i
:1
i!
'ICOUNCIL OF THE CITY OF SAN BERNARDINO that the Mayor and Common
II
I
:iCouncil do hereby endorse and support the passage and adoption of
;I
~Assembly Bill 1764 by the California State Legislature and the
11
~City of San Bernardino does hereby request that its legislative
Ii
irepresentatives in Sacramento support Assembly Bill 1764.
I I HEREBY CERTIFY that the foregoing resolution was duly
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
4
5
6
7
8
9
10
adopted by the Mayor and Common Council of the City of San
11
Bernardino at an adjourned reqular
meeting thereof, held
12
on the 23rd day of
, 1983, by the following
May
13 vote, to wit:
14
AYES:
Council Members
Castaneda. Reilly. Hernandp7.
15
Marks. Quiel. Hobbs. strickler
16
NAYS:
None
17
18
ABSENT:
None
19
~JlI.7/~/
/ CJ.ty C erk
20
21
The foregoing resolution is hereby
day
of
May
, 1983.
22
23
24
Approved as to form:
25
c~rn~~
26
27
28