HomeMy WebLinkAboutPH 3 G.P. EXT REQUEST 05-06-91ras t
,TE: MAY 6, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER'
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: GENERAL PLAN EXTENSION REQUEST
Q EST
RECOMMENDATION
,BLIC HEARING N0. 3
5-6-91
Inter - Com
It is recommended that the City Council adopt
requesting that the State Office of Planningand ReseResolution No. rove
a 12 -month extension for Cit Research approve
updated General Plan, y preparation and adoption of an
BACKGROUND AND DISCUSSION
California State Law requires. each Cit
y to General Plan for the physical development of the t a comprehensive
outside its boundaries which bears a relationship to and any land
activities. The real effectiveness of a Ci lto its planning
contingent upon the practical applicabilityof CityyIs General Plan is
priorities and conditions. the Plan to changing
reevaluate the validity of Plan policies essential to monitor and
time to time. State Law permits the Plan and amend the Plan from
annually. It also recommends that a comprehensivebe amended four times
of the Plan at least every five years. update be made
In response, the Tustin City Council authorized
of the 1990-91 budget and more recentlyapproved a program as part
consultant to undertake a comprehensive update of the Genera with a
The General Plan is expected to be completed a e General Plan.
City within 18 months. and approved by the
In the meantime, however, Section 65361 0
Government Code authorizes the Office of Planning f the California
(OPR) to grant local jurisdictions up to a o and Research
time (with the possibility of an additional he year extension of
needed) in order to complete and adopt revisions Year extension, if
elements of the General Plan. The intent of to the mandatory
enables a jurisdiction to
applications for subdivisionpro
cntinue to such an extension
rontinncess all project
where the land uses are consi, stent with ,an Inter permits and variancesi
without the fear of litigation, m Land Use Policy,
City Council Report
General Plan Extension Request
May 6, 1991
Page 2
An application for a general plan extension must include
following five items: the
1) General Plan Extension Application Form
2) Resolution of the Legislative Body, adopted after
public hearing, stating findings/ reasons why the General
Plan needs to be revised
3 Detailed Budget and Schedule for Plan Preparation and
d
4) Proposed Interim Policies and Procedures
5 Copies of the General Plan, Zoning and Subdivisio
Ordinances and any Interim Ordinances. n
Section 65361(a) of the California Government Code re 'ire
the City Council make at least one of six possible findings s that
a public hearing prior to the granting of an extensions b wring
Office of Planning and Research. Within the findin s there y the
be detailed reasons why the General Plan has not been must
needs revision. adopted or
The possible findings are as follows:
1• Data required for the General Plan shall berovide
another agency and it has not yet been provided. d by
2. In spite of sufficient budgetary provisions
and
substantial recruiting efforts, the city or count has
not been able to obtain necessaryy
assistance, staff or consultant
3. A disaster has occurred requiring reassignment of st
for an extended period or re aff
reevaluation and revision of the General requiring
a complete
an, or both.
4. Local review procedures re
process which has resulted in delaan xtended public review
the legislative body. delaying the decision by
5• The city or county is jointly
the General Plan with one or more aother ring al ur r part of
pursuant to an existing agreement and timetable jurisdictions
completion.
Community Development Department
City Council Report
General Plan Extension Request
May 6, 1991
Page 3
6. Other reasons exist which justify the granting
of a
extension, so that the timely g n
a general plan is y Preparation and adoption of
promoted.
Staff has determined that the City is eligible under finding
6. Staff has subsequentlyg number
findings based on the reasons prepared
the resolution with the proposed
addition to the extension application proposal, ad extension. In
Policy is re interim
required. As part of the attached resolution Exhibit A
is the proposed Interim Discretionary Policy. This int
sets forth the land use policies that would be used b them policy
y
evaluating a project's land use consistency with the goals City in
City. Projects which are found to be inconsistent °f the
Policies could not be approved by the City duringthe granted these
extension period. The Interim Policy is basically
no different
that the City's current development y fferent
P policies.
CONCLUSION
Staff recommends that the City
requesting a 12 -month General
Interim Discretionary Land Use
Beth Schoemann
Associate Planner
CAS:BBS:nm/gpextentn.bbs
Council adopt Resolution No. 91-44
Plan Extension and approving the
Policy.
C ristine A. Shingleto
Assistant City Manager
Community Development
Attachment Resolution No. 91-44
Community Development Department
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0
RESOLUTION NO. 91-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA REQUESTING AN EXTENSION
OF TIME TO REVISE THE CITY OF TUSTIN GENERAL
PLAN.
The City Council of the City of Tustin does hereb
resolve as follows: Y
Whereas, the various elements of the General Plan of
the City of Tustin were adopted as follows: Housing,
1978; Land Use, 1973; Noise, 1975; Oen
Space/Conservation, 1972, p
Circulation/Scenic Highways, 1970; Safety, 1978 and have
1972 •
been expanded and amended from time to time to include
adoption of various state -mandated and discretionary
elements; and y
Whereas, the City of Tustin faces significant and
continued growth pressures which require
the City General Plan in order o maintainpdat inter
of
nal
consistency among the elements and to serve as auseful
tool to plan for and manage growth into the next century;
y;
Whereas, recognizing that preparation
Plan is a multi-year endeavor, 1990-91ofcosGs for
preparation were budgeted at $102,50o; and as part of the
City's three-year financial plan, the remainder of t
he
funding is to be allocated to the 1991-92 bud et and
Possibly the 1992-93 budget. g
Whereas, the City Council authorized the Cit
Manager to execute a contract with Cotton-Beland
Associates, Inc. on February 4, 1991; and
Whereas, in spite of sufficient budgetary provisions
and substantial recruiting efforts, the City has not been
able to obtain necessary staff or consultant assistance;
however, with the assistance of consultant services the
City anticipates adopting an updated General
September, 1992; and Plan in
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 extensions of time for completion or revision o
the mandatory elements of the General Plan, f
Whereas, the City Council finds that, pursuant
to
California Government Code Section 65361 (a)(2), the
following reasons exist to justify extensions of time to
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Resolution No. 91-44
Page 2
prepare timely revision to the elements of the General
Plan. The above has not been updated because:
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
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.
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 an 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 extension, the City of
Tustin will follow the policies and procedures set
forth in Exhibit A attached hereto.
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Resolution No. 91-44
Page 3
PASSED AND ADOPTED by the City Council of Tustin this 6th
day of May, 1991.
CHARLES E. PUCKETT,
Mayor
MARY WYNN,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 91-44
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
foregoing Resolution No. 91-44 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the 6th day of May, 1991, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
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EXHIBIT A
RESOLUTION NO. 91-44
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. 91-44
Interim Discretionary Land Use Policy
Page 2
6. The City shall observe and meet anyapplicable
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 prior to the City Council taking final
action on the General Plan revision.
BBS:nm\91-44.res