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NOTE: Exhibits attached
in separate folder.
RESOLUTION NO. -1.Qilii-360
SOLUTION OF THE CITY OF SAN BERNARDINO SETTING ASIDE
ORTIONS OF RESOLUTION 2005-362 ADOPTED ON NOVEMBER 1, 2005,
ND ADOPTING THE FINDINGS OF FACT AND STATEMENT OF
VERRIDING CONSIDERATIONS, AS WELL AS ADOPTING THE UPDATED
ENERAL PLAN AND THE ARROWHEAD SPRINGS SPECIFIC PLAN.
SECTION I. RECITALS
(a) WHEREAS, the Mayor and Common Council of the City of San
emardino ("City") adopted the General Plan for the City by Resolution No. 89-159 on
une 2, 1989; and
(b) WHEREAS, the City initiated an update of its existing General Plan in
2001; and
(c) WHEREAS, the City retained The Planning Center to update the General
Plan and complete the environmental analysis; and
(d) WHEREAS, an Economic Conditions and Trends report was prepared for
the General Plan Update Program; and
(e) WHEREAS, the City held a workshop with representatives of business
and industry in 2001 to elicit input concerning growth in the City; and
(f) WHEREAS, the City held a series of community workshops in 2001 to
identify Citywide opportunities and constraints, and visions for the future growth of the
City; and
(g) WHEREAS, staff and the consultant interviewed the Mayor, the
Councilmembers, and the Planning Commission to seek their input and guidance; and
(h) WHEREAS, The Planning Center prepared an Issues Report that
summarized the input received from the workshops and interviews; and
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WHEREAS, the City determined that large scale changes in land use
WHEREAS, the City determined that shifts in policy focus, changes in
WHEREAS, the City determined that a Specific Plan for the University
WHEREAS, The University District Specific Plan focuses on aesthetic
WHEREAS, the Arrowhead Springs area is within the City's sphere of
WHEREAS, the Arrowhead Springs Specific Plan proposes expansion of
the historic hotel and spa/resort, an 18-hole public golf course, multi-use recreational
(p)
WHEREAS, on November 4, 2004, the Environmental Review
Arrowhead Springs Specific Plan could have significant effects on the environment, and
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(x) WHEREAS, the Updated General Plan, University District Specific Plan,
and Arrowhead Springs Specific Plan, the Draft Program Environmental hnpact Report,
the Comments and Responses, the Mitigation Monitoring and Reporting Plan, and the
Draft Facts, Findings and Statement of Overriding Considerations were made available
to the public at the Development Services public counter, the Feldheym Library, and on
the City's web page; and
(y) WHEREAS, on November 3, 1993 the San Bernardino Associated
Governments adopted the Congestion Management Program (CMP) pursuant to
California Government Code Section 65809.3(a) which requires the county and cities to
adopt and implement "a program to analyze the impacts of land use decisions, including
an estimate of the costs associated with mitigating these impacts" on the CMP network
of roadways; and
(z) WHEREAS, the Mayor and Common Council adopted a Land
Use/Transportation Analysis Program for the City pursuant to the CMP for the City of
San Bernardino by Resolution No. 93-74 on March 22, 1993; and
(aa) WHEREAS, the City determined that the Arrowhead Springs Specific
Plan met the thresholds in the CMP and thus warranted the preparation of a Traffic
Impact Analysis (TIA) pursuant to the Congestion Management Program; and
(bb) WHEREAS, a Draft TIA was prepared to address the traffic impacts of
the Arrowhead Springs Specific Plan on designated CMP roadways and freeways, the
appropriate mitigation measures, and fair share contribution toward CMP roadway and
freeway improvements; and
(cc) WHEREAS, the Draft TIA was made available to the various regional
and sub-regional agencies and to the adjacent jurisdictions for their review during a 21-
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1 General Plan, the University District Specific Plan, and the Arrowhead Springs Specific
2 Plan, and certify the Draft TIA; and
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(ii)
WHEREAS, the Mayor and Common Council conducted a noticed public
hearing on November 1, 2005, pursuant to Government Code Section 65353(c) and
65091(a)(3), and fully reviewed and considered the Final Program EIR, the Mitigation
Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding
Considerations, the Updated General Plan, the University District Specific Plan, the
Arrowhead Springs Specific Plan, the Draft TIA, the Planning Division staff reports, and
the recommendation of the Planning Commission; and
(jj)
WHEREAS, the Mayor and Common Council made no substantial
modifications to the Updated General Plan, the University District Specific Plan, and the
14 Arrowhead Springs Specific Plan which were not considered by the Planning
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Commission during its public hearing; and
(kk) WHEREAS, on November I, 2005, the Mayor and Common Council
adopted Resolution 2005-362, adopting the Facts, Findings and Statement of Overriding
Considerations, certifying the Final Program Environmental Impact Report, adopting the
Mitigation Monitoring and Reporting Plan, certifying the Traffic Impact Analysis, and
adopting the Updated General Plan, the University District Specific Plan, and the
Arrowhead Springs Specific Plan; and
(II) WHEREAS, on December 1, 2005, the Center for Biological Diversity
filed a Petition for Writ of Mandate (San Bernardino County Superior Court Case No.
SCYSS 132463, the "Action") against the City of San Bernardino, Common Council of
the City of San Bernardino, and Judith Yalles, Mayor of the City of San Bernardino (in
her prior official capacity), and naming as real party in interest American Development
Group, Inc., challenging the approval of Resolution 2005-362 as it relates to the
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1 Arrowhead Springs Specific Plan and alleging violations of the California
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Environmental Quality Act (Public Resources Code sections 21000, et seq.), including
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failure to adequately analyze and mitigate potential impacts in the Environmental Impact
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5 Report ("EIR"), improper use of a program EIR, and improper rejection of feasible
6 alternatives to the proposed project; and
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8 2005-362 related to the approval of the University Specific Plan, that portion of
9 Resolution 2005-362 and the Program EIR as it relates to the University Specific Plan
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13 mandate, the Honorable John P. Wade, judge presiding, and orally ruled that the findings
14 made in support of the City's rejection of the environmentally superior "Wetlands
15 A voidance" alternative was not adequately supported by the record: specifically, the
16 Court stated that there was no substantial evidence in the record to support the rejection
(mm) WHEREAS, the Action did not challenge that portion of Resolution
remains intact; and
(un)
WHEREAS, on September 6, 2006 the court heard the petition for writ of
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of the alternative, which eliminated the golf course, based upon economic infeasibility;
and
(00) WHEREAS the Court did not find that the EIR failed to comply with
CEQA, but, instead, specifically found said findings made by the City were inadequate,
the Court ordered that the approval of the Arrowhead Springs Specific Plan, and by
reference also those portions of the General Plan as it relates to the Arrowhead Springs
Specific Plan, be set aside; and
(pp) WHEREAS, after glVlng public notice as required by California
Government Code Section 65353(c) and 65091(a)(3), the City Planning Commission
held a public hearing on September 25, 2006 in order to receive public testimony and
written and oral comments and any other additional materials and/or input on the
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1 Updated General Plan, the Arrowhead Springs Specific Plan, and the Facts, Findings and
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Statement of Overriding Considerations; and
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(qq) WHEREAS, the Planning Commission considered the Development
Services Department Staff Report on September 25, 2006, which addresses the Updated
General Plan, the Arrowhead Springs Specific Plan, and the Facts, Findings and
Statement of Overriding Considerations; and
(rr) WHEREAS, the Planning Commission, after receiving public testimony,
recommended that the Mayor and Common Council adopt the Facts, Findings and
Statement of Overriding Considerations, adopt the Updated General Plan, and adopt the
Arrowhead Springs Specific Plan; and
(ss) WHEREAS, the Mayor and Common Council conducted a noticed public
hearing on October 3, 2006, pursuant to Government Code Section 65353(c) and
65091(a)(3), and fully reviewed and considered the Facts, Findings and Statement of
Overriding Considerations, the Updated General Plan, and the Arrowhead Springs
Specific Plan, the Planning Division staff reports, and the recommendation of the
Planning Commission;
(tt) WHEREAS, the Mayor and Common Council made no substantial
modifications to the Updated General Plan, the University District Specific Plan, and the
Arrowhead Springs Specific Plan which were not considered by the Planning
Commission during its public hearing;
SECTION II. SET ASIDE
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY
RESOLVE, FIND, AND DETERMINE THE FOLLOWING:
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13 Impact Report for the Updated General Plan and the Arrowhead Springs Specific Plan
14 has been completed in compliance with the California Environmental Quality Act and
15 previously certified on November 1,2005. Attached to this Resolution as Exhibit A, and
16 incorporated herein by reference, is the certified Final Program EIR which consists of the
17 following elements:
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That the approval of Resolution 2005-362 insofar as it relates to the adoption of
the General Plan, relating to the Arrowhead Springs Specific Plan, and the Facts,
Findings, and Statement of Overriding Consideration related thereto, be set aside.
SECTION III. FACTS. FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY
RESOLVE, FIND, AND DETERMINE THE FOLLOWING:
A. The facts and information contained in the above Recitals section are true
and correct, and are incorporated herein by reference. The Final Program Environmental
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1.
Initial Study;
2.
Notice of Preparation;
3.
Responses to the Notice of Preparation;
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Draft Program EIR;
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Notice of Completion;
6.
List of persons, organizations and public agencies commenting on the
Draft Program ErR;
7.
Comments received on the Draft Program EIR during and after the public
review period;
8.
Responses to comments on the Draft Program EIR.
B.
The Facts and Findings set forth in the Facts, Findings and Statement of
14 Overriding Considerations are true and are supported by substantial evidence in the
15 record, including those documents comprising the certified Final Program EIR. The
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Facts, Findings and Statement of Overriding Considerations is attached hereto as Exhibit
B, and is incorporated herein by reference.
c.
The certified Final Program EIR was presented to the Mayor and Common
Council, who have reviewed and considered the information in the Final Program EIR
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prior to adoption of the Updated General Plan and the Arrowhead Springs Specific Plan.
D. The certified Final Program EIR has identified all significant adverse
environmental effects of the Updated General Plan and the Arrowhead Springs Specific
Plan as set forth in the Facts, Findings and Statement of Overriding Considerations.
E. The certified Final Program EIR has described the alternatives to the
Updated General Plan and the Arrowhead Springs Specific Plan, even though these
alternatives may impede the attainment of the objectives of the Updated General Plan and
the Arrowhead Springs Specific Plan, and may be more costly. The Mayor and Common
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or other considerations as set forth in the Facts, Findings and Statement of Overriding
Considerations. The project alternatives not adopted are rejected as economically
infeasible based upon the information considered by the Planning Commission and the
Mayor and Common Council after the trial of case number SCVSS 132463 including, but
not limited to, the information supplied by Alfred Gobar Associates.
G. The Mayor and Common Council have given great weight to the
significant unavoidable adverse environmental impacts. The Mayor and Common
Council find that the significant unavoidable adverse environmental impacts are clearly
outweighed by the economic, social, cultural, and other benefits of the Updated General
Plan and the Arrowhead Springs Specific Plan, set forth in the Facts, Findings and
H. The Facts, Findings and Statement of Overriding Considerations reflect
the independent review, analysis and judgment ofthe Mayor and Common Council of the
City of San Bernardino.
Based upon substantial evidence in the record, the Mayor and Common Council
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A. All elements of the General Plan have been updated in a coordinated way,
ensuring internal consistency of the General Plan document.
B. The Updated General Plan will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The certified Final Program EIR
contains an analysis of potential significant adverse environmental impacts related to the
Updated General Plan. Although the certified Final Program EIR identifies unmitigated
significant adverse environmental impacts, the Facts, Findings and Statement of
Overriding Considerations indicate that the potential benefits of the Updated General
Plan and associated specific plans outweigh the unmitigated significant adverse
environmental impacts.
C. With few exceptions, the Updated General Plan maintains the existing
General Plan land use designations. Therefore, the appropriate balance of land uses
reflected in the current General Plan is maintained by the proposed Updated General
Plan.
D. Very few properties are proposed for land use designation changes by the
Updated General Plan. The properties are identified specifically in the Final Program
Environmental Impact Report, which presents the rationale for each proposed change
and discusses the suitability, including physical characteristics of each proposed site for
the proposed land use designation.
SECTION V. ARROWHEAD SPRINGS SPECIFIC PLAN FINDINGS
Based upon substantial evidence in the record, the Mayor and Common Council
hereby find:
A. The Arrowhead Springs Specific Plan is consistent with goals and policies
of the existing General Plan, as well as revised policies of the proposed General Plan
Update, as follows:
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Goal 2.2 - Promote development that integrates with and minimizes impacts on
surrounding land uses.
Policy 2.2.4 - Hillside development and development adjacent to natural areas
shall be designed and landscaped to preserve natural features and habitat and
protect structures from threats from natural disasters, such as wildfires and floods.
Goal 4.4 - Enhance, maintain and develop recreational, cultural, entertainment
and educational facilities within the City.
B. The Arrowhead Springs Specific Plan would not be detrimental to the
public interest, health, safety, convenience, or welfare of the City. The proposed plan
would enhance the balance and variety of commercial and residential land uses in the
City, in the interest of public welfare and convenience. The land use plan and
development standards conform to all applicable and current health and safety standards.
Also, in the interest of the public, the Arrowhead Springs Specific Plan respects the
natural environment in the layout of the proposed development plan and the extensive
dedication of natural open space on the project site.
C. The site is physically suitable for the land use designations and
development plan proposed by the Arrowhead Springs Specific Plan. The land use plan
has been designed to conform to the physical features of the site, beginning with a scale
model of the existing terrain and the existing historic hotel structure. New development
proposed by the specific plan was added to the model to maintain respect for the
prominence of the existing hotel, the natural setting of the existing landform and sensitive
natural resources on the project site and in the surrounding area. The site is physically
suitable for the proposed project because the project was designed specifically to conform
to the existing physical conditions of the site.
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D.
The Arrowhead Springs Specific Plan includes a detailed development
lan, development standards and design requirements that will ensure compatibility with
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13 in other areas of the City. The specific plan will improve the balance ofland use within the
14 City, by providing commercial and office floor space to attract new businesses to the City
15 and additional shopping and recreational opportunities for City residents and visitors to the
16 hotels and convention center.
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proposed within the Arrowhead Springs Specific Plan will provide a broad range of
employment opportunities for future residents of the project site, as well as nearby residents
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1 SECTION VI. ADOPTION OF THE FACTS. FINDINGS AND STATEMENT OF
2 OVERRIDING CONSIDERATIONS
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NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
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and Common Council of the City of San Bernardino that the Facts, Findings and
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6 Statement of Overriding Consideration fully complies with the requirements of the
7 California Environmental Quality Act, the CEQA Guidelines and the City's
8 Environmental Review Procedures. The Facts, Findings and Statement of Overriding
9 Considerations are hereby adopted.
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13 Based upon the above-referenced findings, the Updated General Plan and the
14 Arrowhead Springs Specific Plan (attached and incorporated herein as Exhibits D and E,
15 respectively) are hereby adopted.
16 SECTION VIII. NOTICE OF DETERMINATION
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SECTION VII. ADOPTION OF THE UPDATED GENERAL PLAN AND SPECIFIC
PLANS
In accordance with the provisions of this Resolution, the Planning Division is
hereby directed to file a Notice of Determination with the County of San Bernardino
Clerk of the Board of Supervisors certifying the City's compliance with the California
Environmental Quality Act in preparing and adopting the Facts, Findings and Statement
of Overriding Considerations, the Updated General Plan and the Arrowhead Springs
Specific Plan. A copy of the Notice of Determination will be forwarded to the State
Clearinghouse.
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'mmediately upon adoption of this Resolution.
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ECTION IX. EFFECTIVE DATE
The adoption of the Facts, Findings and Statement of Overriding Considerations,
he Updated General Plan and the Arrowhead Springs Specific Plan shall be effective
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
2 FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS,
THE UPDATED GENERAL PLAN AND THE ARROWHEAD SPRINGS
3 SPECIFIC PLAN.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it. regular meeting thereof, held
on the
2nd day of
, 2005, by the following vote to wit:
October
Council Members:
Aves
Navs
Abstain
Absent
ESTRADA
x
LONGYILLE
x
DERRY
-1L...
KELLEY
-1L
JOHNSON
x
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MC CAMMACK
x
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18 The foregoing resolution is hereby approved thi~ ~ay of October, 2000.} 'J (j
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20 "--.)Patrick J. Morris, Mayor
21 City of San Bernardino
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23 By:
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