HomeMy WebLinkAboutC.C. 03 2ND G.P. EXT. 05-18-92AG
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CONSENT CALENDAR NO. 3
5-18-92
MAY 18, 1992
10• WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
Zr3IIJBJECT: SECOND GENERAL PLAN EXTENSION REQUEST
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 92-60
requesting that the State Office of Planning and Researchapprove
a second 12 -month extension for City preparation and adoption of
the updated General Plan.
BACKGROUND AND DISCUSSION
California State Law requires each City to adopt a comprehensive
General Plan for the physical development of the City and any land
outside its boundaries which bears a relationship to its planning
activities. In response to the need for a more current General
Plan, the Tustin City Council authorized a program as part of the
1990-91 budget and on February 4, 1991 approved a contract with
Cotton/ Beland /Associates to undertake a comprehensive update of the
General Plan.
The General Plan was expected to be completed and approved by the
City within 18 to 24 months. During this period, Section 65361 of
the California Government Code authorizes the Office of Planning
and Research (OPR) to grant local jurisdictions up to a one-year
extension of time, with the possibility of an additional one year
extension, if needed, in order to complete and adopt revisions to
the mandatory elements of the General Plan. The intent of such
extensions enables a jurisdiction to continue to process all
project applications for subdivision, rezoning, use permits and
variances where the land uses are consistent with an Interim Land
Use Policy, without the fear of litigation.
On May 6, 1991, the City Council adopted Resolution No. 91-44
requesting that the Director of the State Office of Planning and
Research approve a twelve month extension for City preparation and
adoption of an updated General Plan. At that time, the City
Council made findings to justify the granting of an extension.
These findings were found acceptable by the State, and the
extension was granted on June 19, 1991.
Since that time, the City has not completed the General Plan
Update, but has made substantial progress toward its adoption. For
City Council Report
Resolution No. 1060
May 18, 1992
Page 2
example, the City has conducted public workshops, distributed a
general plan questionnaire citywide, completed the preparation of
technical memoranda for each of the elements, and reviewed
alternate land use plans and goals and policies. The City expects
that tasks will be completed and the document adopted in fall 1992,
or no later than the end of 1992.
In order to be eligible for a second extension, the City must
submit an application that includes the following four items:
1) General Plan Extension Application Form
2) Resolution of the Legislative Body, adopted after a
public hearing, stating findings/reasons why the General
Plan needed to be revised and indicating that substantial
progress has been made toward adoption of the revised
General Plan since the granting of the first extension
3) Detailed Budget and Schedule for Plan Preparation and
Adoption
4) Proposed Interim Policies and Procedures
As was done for the first extension request, staff has prepared a
resolution with findings based on the reasons for the requested
second extension. In addition to the extension application
proposal, an interim discretionary land use policy was prepared as
required and included as Exhibit A of the attached resolution.
This interim policy sets forth the land use policies that would be
used by the City in evaluating a project's land use consistency
with the goals of the City. Projects which are found to be
inconsistent with these policies could not be approved by the City
during the granted second extension period. The Interim Policy is
basically no different than the City's current development policies
and is similar to the policy adopted with the first extension.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 92-60
requesting a second 12 -month General Plan Extension and approving
the Interim Discretionary Land Use Policy.
r
Scott Reekstin Cfrristine A. Shing ton
Assistant Planner Assistant City Manatjer
CAS:SR:kd/gp2exten.ccr
Attachment: Resolution No. 92-60
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RESOLUTION NO. 92-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA REQUESTING A SECOND
EXTENSION OF TIME TO REVISE THE CITY OF TUSTIN
GENERAL PLAN.
The City Council of the City of Tustin does hereby
resolve as follows:
Whereas, the various elements of the General Plan of
the City of Tustin were adopted as follows: Housing,
1978; Land Use, 1973; Noise, 1975; Open Space
/Conservation, 1972; Recreation, 1972; Circulation/ Scenic
Highways, 1970; Safety, 1978 and have been expanded and
amended from time to time to include adoption of various
state -mandated and discretionary elements; and
Whereas, the City of Tustin faces significant and
continued growth pressures which require the updating of
the City General Plan in order to maintain internal
consistency among the elements and to serve as a useful
tool to plan for and manage growth into the next century;
and
Whereas, recognizing that preparation of a General
Plan is a multi-year endeavor, 1990-91 costs for
preparation were budgeted at $102,500 and 1991-92 costs
at $269,200; and as part of the City's three-year
financial plan, the remainder of the funding is to be
allocated to the 1992-93 budget; and
Whereas, the City Council authorized the City
Manager to execute a contract with Cotton-Beland
Associates, Inc. on February 4, 1991 which would produce
a revised General Plan in approximately 18 to 24 months;
and
Whereas, on May 6, 1991 the City Council requested
that the Director of the California Office of Planning
and Research grant an extension of time for a 12 (twelve)
month period to complete the revision of all of the
elements of the General Plan as allowed by law, knowing
that the program would realistically take 18 to 24
months; and
Whereas, the Director of the California Office of
Planning and Research granted the request for an
extension on June 19, 1991, which will expire on June 18,
1992; and
Whereas, with the assistance of consultant services
the City anticipates adopting an updated General Plan by
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Resolution No. 92-60
Page 2
the end of 1992, within our original 18 to 24 month time
frame; and
Whereas, pursuant to Section 65361 of the California
Government Code, the Director of the Office of Planning
and Research of the State of California has the authority
to grant a maximum of two extensions of time for
completion or revision of the mandatory elements of the
General Plan; and
Whereas, the City Council finds that, pursuant to
California Government Code Section 65361(a)(2), the
following reasons exist to justify an extension of time
to prepare timely revision to the elements of the General
Plan:
a. The City of Tustin is a city which has
experienced rapid growth through development
and annexations. Due to statutory -imposed
processing deadlines, and to avoid imposing a
development moratorium, a large part of the
City's available in-house staff resources have
been devoted largely to current planning.
b. Staff turn -over has affected the continuity of
past general plan preparation activities in
the City.
C. Despite continued efforts by the City of
Tustin to update the General Plan over the
years to include various state -mandated
elements and to frequently revise the Housing
Element (City was first city in Orange County
with a 1989 Housing Element), the City did not
previously have the financial resources to
comprehensively update the General Plan.
d. Due to rapid growth, the General Plan is in
need of significant updating to maintain
internal consistency among the elements and to
serve as a useful tool to plan for and manage
growth.
e. The updating of the General Plan is an
extensive, comprehensive process involving
significant analysis, review, and public
participation that requires more than 12
(twelve) months to accomplish.
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Resolution No. 92-60
Page 3
f. During the period of the first extension, the
City has made significant progress toward the
adoption of the revised General Plan by
conducting public workshops, distributing a
citywide questionnaire, completing the
preparation of technical memoranda for each of
the elements, and reviewing alternate land use
plans and goals and policies.
g. The City has an adopted budget through the
1992-1993 fiscal year for the General Plan
Update and has hired a consultant to prepare
the Update.
h. The General Plan Update is scheduled to be
completed by the end of 1992.
NOW, THEREFORE, Be It Further Resolved By the City
Council of the City of Tustin as follows:
1. Based on the foregoing, the City of Tustin requests
that the Director of the California Office of
Planning and Research grant a second extension of
time for a 12 -month period to complete the revision
of all of the elements of the General Plan, as set
forth on the Request for General Plan Extension
attached hereto and incorporated herein by
reference.
2. During the period of the second extension, the City
of Tustin will follow the policies and procedures
set forth in Exhibit A attached hereto.
PASSED AND ADOPTED by the City Council of Tustin this
18th day of May, 1992.
MARY WYNN,
City Clerk
LESLIE ANNE PONTIOUS,
Mayor
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EXHIBIT A
RESOLUTION NO. 92-60
INTERIM DISCRETIONARY LAND USE POLICY
1. The City, including the City Council, Planning
Commission, and all other boards delegated
individual land use decision-making authority under
City ordinances, shall apply this Interim
Discretionary Land Use Policy to review and process
all discretionary land use projects.
2. During the effective period of this extension, no
discretionary permits (parcel maps, tentative
subdivision maps, zone changes, special use
permits, variances, etc.) shall be approved by the
City unless the City Council, and all other
applicable decision-making authority under City
ordinances, make formal findings, based on
substantial evidence, that the proposal is
consistent with the goals, policies and programs of
the existing General Plan and the zoning and
subdivisions ordinances of the City of Tustin; with
the exception that properties outside the City
limits, which are not currently within the City's
sphere of influence, shall be processed consistent
with the goals and policies of the City's General
Plan.
3. All discretionary permits and projects shall be
consistent with the adopted Housing Element of the
General Plan.
4. Section 9213(e) of the Tustin City Code states that
any territory included within the City, which, at
the time of its annexation does not have a zone
designated by prezoning, shall be designated by the
zone which the territory bore under the County
Zoning Ordinance, provided there is a district
bearing the same designation. Any land which does
not bear a designation which is also contained in
the City Code, shall be designated as being in the
"U" - Unclassified District. All properties with
the zoning designation of Unclassified shall first
secure a use permit prior to any new uses being
established.
5. The City shall observe and meet CEQA requirements
for Environmental Impact Report preparation, review
and certification.
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Exhibit A - Resolution No. 92-60
Interim Discretionary Land Use Policy
Page 2
6. The City shall observe and meet any applicable
requirements for minimum processing time for the
General Plan revision.
7. All draft elements and draft environmental
documents shall be submitted to OPR for review and
comment at least thirty (30) days prior to the City
Council taking final action on the General Plan
revision.
8. The City shall submit a copy of the final General
Plan and the resolution of adoption for the General
Plan to OPR upon adoption by the City Council.
SR:kd\92-60