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HomeMy WebLinkAbout05/21/1991, 5 - CONSIDERATION OF ADOPTING A NEW RESOLUTION TO REPLACE RESOLUTION NO. 6659 REGARDING THE PROCESSING OF GENERAL PLAN AMENDMENT REQUESTS FOR PROPERTIES LOCATED OUTSIDE THE CITY LIMITS DURING THE GENERAL PLAN UPDATE. illlN�l�►►II�IIIIIIIII I MEETING DATE: ► ►����� city o1" san luis OBI ' Po z COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold B. Jonas, Community Development Director; o By: Pam Ricci, Associate Planner pK SUBJECT: Consideration of adopting a new resolution to replace Resolution No. 6659 regarding the processing of general plan amendment requests for properties located outside the city limits during the general plan update. CAO RECOMMENDATION: Adopt the attached resolution labelled Exhibit A which would allow processing of general plan amendments associated with annexations within the urban reserve, except for identified major expansion areas, prior to the LUE update. DISCUSSION: On May 7, 1991, the council continued a request for annexation of property located at 880 Industrial Way (Tribune Annexation) . In the staff report for that annexation, it was pointed out that an existing city resolution limits the ability of the council to consider annexations to the city. City Council Resolution No. 6659 states that public hearings on general plan amendments involving properties outside the city limits or the urban reserve line will not be held until the pending Land Use Element (LUE) update is adopted. Although the Tribune annexation was continued, the council directed staff to return to its next regular meeting with a revised resolution to replace Resolution No. 6659. When Resolution No. 6659 was adopted, it was expected that the LUE update would be completed early in 1991. Because of unanticipated delays including the requirement for an economic study, it is now expected that the LUE update will not be completed until sometime in 1993 . Therefore, the council has expressed interest in re-evaluating the resolution and its impacts on the processing of affected projects given the longer- range timeframe for the LUE update. In order to proceed with the processing of pending general plan amendment requests associated with annexations, the City Council will need to either rescind or amend City Council Resolution No. 6659. Staff has prepared two updated versions of the resolution for council .. consideration. Another version of an updated resolution was presented in the Telegram Tribune annexation report to reflect the Planning Commission's suggestions made on April 10, 1991. The criteria added to that resolution reflected the Planning Commission's desire to keep a narrow focus and to discourage speculative annexations that may prove to be inconsistent with long-range city planning goals. The criteria was specifically and purposely tailored to the Telegram Tribune annexation and would not allow other annexations to advance without further amendments to the resolution language. That resolution was not included in this report given council's latest direction to staff. S-/ !��!bhi�di11111111P° �l�li� city of San 146.9s OBISpo wis COUNCIL AGENDA REPORT Annexation Processing Page 2 SIGNIFICANT IMPACTS Adopting the recommended policy will not have significant impacts on the environment or city finances. Adopting a new resolution would allow some annexation/general plan amendment requests to be processed prior to the LUE update. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION The current Resolution No. 6659 would remain effective and general plan amendment requests associated with annexations could not be processed prior to the adoption of a new LUE. i EVALUATION Staff has prepared two new resolutions: one would allow general plan amendments to be processed for properties within the urban reserve prior i to the adoption of a new LUE, except for major expansion areas included ! on the current LUE map (Exhibit A attached) ; and the other would allow the processing of all general plan amendments within the urban reserve (Exhibit B attached) . Language is included in the Exhibit A resolution ' to clarify that the environmental review, but not general plan amendment consideration for the major expansion areas (i.e. Margarita, Dalidio, Orcutt, Irish Hills) could occur prior to the update of the LUE. The i main difference between the two resolutions is that the Exhibit B resolution would allow general plan amendments for the major expansion areas to be processed prior to the LUE update. Proposed resolutions would allow the council to consider general plan amendments associated with annexations, but would in no way mandate their approval of those requests. There are pending general plan amendments associated with the Stoneridge II residential annexation and the Broad Street industrial annexation for properties located within the urban reserve that are consistent with the Draft LUE and have been contemplated i for several years. In staff's opinion, the continued processing of these ! amendments would not adversely affect comprehensive planning efforts and should not be postponed until the LUE is adopted given delays with that update process. ALTERNATIVES 1. The council may adopt the resolution labelled Exhibit B which would allow the processing of all general plan amendment requests for properties located within the urban reserve. 2 . The council could take no action on the proposed resolutions and allow Resolution No. 6659 to stand. 3. The council could continue action with direction to staff on additional information needed. ''in�i�H►Wllllllillp� IIIIIh city of San Lacs OBISp0 COUNCIL AGENDA REPORT Annexation Processing Page 3 OTHER DEPARTMENT COMMENTS The City Attorney concurs that deferring the consideration of applications pending a general plan update is allowed, since due process would be provided. General plan amendment requests are legislative acts, rather than "development applications", and are therefore not subject to i the processing time limits of state law. RECOMMENDATION i Adopt the attached resolution labelled Exhibit A which would allow processing of general plan amendments associated with annexations within i the urban reserve, except for identified major expansion areas, prior to the LUE update. Attached: Draft Resolutions, Exhibits A and B Resolution No. 6659 i i i i EXHIBIT A RESOLUTION NO. (1991 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL CONCERNING PROCESSING OF GENERAL PLAN AMENDMENT REQUESTS FOR PROPERTIES LOCATED OUTSIDE THE CITY LIMITS WHEREAS, the council has initiated a comprehensive review and revision of the general plan land use and circulation elements, as provided in the city financial plan and work program, which was originally expected to be completed early in 1991; and WHEREAS, the update of those elements has taken longer than originally anticipated for a variety of reasons including a council directive to prepare an analysis to evaluate potential economic impacts associated with the general plan update . prior to the adoption of individual elements; and WHEREAS, it is now anticipated that the update of the general plan land use and circulation elements will not be completed until sometime in 1993; and WHEREAS, there are pending proposals for general plan amendments for properties located within the urban reserve that are consistent with the Draft Land Use Element and have been in the planning stages for several years; and WHEREAS, delaying processing of all general plan amendments outside the city limits as described in City Council Resolution No. 6659 adopted August 1, 1989 is not necessarily in the interest of . comprehensive planning goals given delays in the general plan land use and circulation elements update previously described; and WHEREAS, it would still not be appropriate to consider general plan amendments for major expansion areas as depicted on the Land Use Element Map as of the date of this resolution, or areas outside of the urban reserve, until the general plan land use and circulation elements update is completed because of the large land areas involved and the greater potential for negative impacts on comprehensive planning efforts; and WHEREAS, the council finds that establishing this policy is not a project for purposes of environmental review; and WHEREAS, the council on May 21, 1991, held a public hearing and considered public testimony and the report and recommendation of staff; and NOW, THEREFORE, the council resolves that requests to amend the general plan Land Use Element map involving identified major expansion areas or areas outside the urban reserve may proceed with environmental review, but will not be considered at public hearings before a new Land Use Element is adopted. However, general plan amendments involving annexations within the urban reserve, as shown on the Land Use Element Map in effect on the date of this resolution, and outside of major expansion areas, may be processed prior to completion of the Land Use Element update. This policy will apply to all pending applications and any applications which may be received before adoption of the Land Use Element update. Resolution No. 6659 is hereby superseded and repealed. On motion of seconded by and on the following roll call vote: s'S� AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1991. Mayor ATTEST: City Clerk APPROVED: lty Admin strat e O icer t rn r 4�4 Community Dev o went Director EXHIBIT B RESOLUTION NO. (1991 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL CONCERNING PROCESSING OF GENERAL PLAN AMENDMENT REQUESTS FOR PROPERTIES LOCATED OUTSIDE THE CITY LIMITS WHEREAS, the council has initiated a comprehensive review and revision of the general plan land use and circulation elements, as provided in the city financial plan and work program, which was originally expected to be completed early in 1991; and WHEREAS, the update of those elements has taken longer than originally anticipated for a variety of reasons including a council directive to prepare an analysis to evaluate potential economic impacts associated with the general plan update prior to the adoption of individual elements; and WHEREAS, it is now anticipated that the update of the general plan land use and circulation elements will not be completed until sometime in 1993; and WHEREAS, there are pending proposals for general plan amendments for properties located within the urban reserve that are consistent with the Draft Land Use Element and have been in the planning stages for several years; and WHEREAS, delaying processing of all general plan amendments outside the city limits as described in City Council Resolution No. 6659 adopted August 1, 1989 is not necessarily in the interest of comprehensive planning goals given delays in the general plan land use and circulation elements update previously described; and S�7 WHEREAS, it would still not be appropriate to consider general plan amendments for areas outside of the urban reserve until the general plan land use and circulation elements update is completed because of the large land areas involved and the greater potential for negative impacts on comprehensive planning efforts; and WHEREAS, the council finds that establishing this policy is not a project for purposes of environmental review; and WHEREAS, the council on May 21, 1991, held a public hearing and considered public testimony and the report and recommendation of staff; and NOW, THEREFORE, the council resolves that requests to amend the general plan Land Use Element map involving areas outside the urban reserve will not be considered at public hearings before a new Land Use Element is adopted. The only exception to this provision would be that the EIR for the Irish Hill Golf Course/Homes ites project could be considered for certification prior to the Land Use Element update since it was underway prior to adoption of Resolution No. 6659. General plan amendments involving annexations within the urban reserve, .as shown on the Land Use Element Map in effect on the date of this resolution, may be processed prior to completion of the Land Use Element update. This policy will apply to all pending applications and any applications which may be received before adoption of the Land Use Element update. Resolution No. 6659 is hereby superseded and repealed. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1991. Mayor ATTEST: City Clerk APPROVED: city dmini rat ' a Off er i A o ey 77za- Community Develop t Director �-9 L1 RESOLUTION NO. 6659 (1989 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL CONCERNING PROCESSING GENERAL PLAN AMENDMENT REQUESTS WHEREAS, the council has initiated a comprehensive review and revision of the general plan land use, open space, and circulation elements, as provided in the city financial plan and work program; and WHEREAS, private applicants have submitted several requests for significant changes to the adopted Land Use Element; and WHEREAS, thorough evaluation of cumulative effects and efficient use of city staff time will be provided by including the individual amendment requests in the comprehensive revision; and WHEREAS, the council finds that establishing this policy is not a project for purposes of environmental review; and WHEREAS, the council on August 1, 1989, held a public hearing and considered public testimony and the report and recommendation of staff; NOW, THEREFORE, the council resolves that requests to amend the general plan Land Use Element involving areas outside the city limits, or outside the adopted urban reserve line, will be considered at public hearings no sooner than the Land Use Element update is adopted. This policy will apply to all pending applications and any applications which may be received before adoption of the Land Use Element update. On motion of Councilmember Pinar�cconded by Councilmember Settle and on the following roll call vote: AYES: Councilmembers Pinard, Settle, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adapted this 1st day of Au¢ust 1989. s� Mayor Ron Dunin ATTEST: )Mzm- CitykClerk Pam Voge