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:
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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.
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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
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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
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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