HomeMy WebLinkAbout2007-013 RESOLUTION NO. 2007-013
*00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ADOPTING GENERAL PLAN AMENDMENT POLICY
WHEREAS, State law requires that all cities prepare and adopt general plans; and,
WHEREAS, the City of Atascadero adopted its General Plan in 2002; and,
WHEREAS, the General Plan is the blueprint of the City and over time, various sections
of it may need to be updated or revised to respond to changing conditions; and,
WHEREAS, Government Code section 65350 et. seq. provides that a general plan may be
amended from time to time; and,
WHEREAS; a general plan amendment is a legislative act and such changes "shall be
initiated in the manner specified by the legislative body" (Government Code section 65358); and,
WHEREAS; the City Council of the City of Atascadero is the legislative body of the City;
and,
WHEREAS; the City Council may amend all or any part of a proposed general plan
amendment or zone change if the Council deems it to be in the public's interest; and,
WHEREAS; the City has historically forwarded proposals to amend the general plan to the
Council for consideration whether to process the application or not; and,
WHEREAS; an earlier determination on whether to process a general plan amendment
application helps to minimize time,energy,and costs for both the City and potential applicants;and,
WHEREAS, the City has an interest in preserving resources and acting in an efficient
manner; and,
WHEREAS, the General Plan provides guidelines in amending the General Plan and this
Policy will help to implement that goal; and
WHEREAS, the Council desires to adopt written policies consistent with the Council's
practice regarding the processing of general plan amendments.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Atascadero
as follows:
Section 1. Purpose. The purpose of this Resolution is to adopt a written policy for the
processing of amendments to the City's General Plan.
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Section 2. General Plan Amendment Policy. The City Council hereby adopts the General Plan
Amendment Policy as set forth in Exhibit A to this Resolution.
Section 3. Effective Date. This Resolution shall take effect immediately upon passage by the
City Council.
On motion by Council Member Beraud and seconded by Council Member Brennler, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: April 10, 2007
CITY OF ATASCA ERO
rrr /Dr. Geo ge Luna, Mayor
Attest:
Marcia McClure Torgerson, C.M.C`
City Clerk
APPROV�D AS TO FORM:
Patrick L.Enri
City Attorney
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City of Atascadero
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EXHIBIT A
vow CITY OF ATASCADERO
GENERAL PLAN AMENDMENT POLICY
Section 1 — Amendments
The City Council may, from time to time, following review by the Planning Commission,
amend, supplement, change, or repeal the text or maps in the City's General Plan. All
amendments shall be reviewed and processed in such a manner as to facilitate citizen
participation. If a proposed amendment is inconsistent with other text/maps in the General
Plan, changes to these other areas must also be proposed. State Law requires a General
Plan to be internally consistent. State Law also limits the number of times that the General
Plan can be amended.
Section 2 —Type of Amendments
Amendments will be reviewed and processed as major or minor amendments, or as
corrections.
A. Major Land Use Map Amendments. An application to amend any land use
designation in excess of one-half acre in the General Plan or any area requiring a
master plan.
B. Minor Land Use Map Amendments. All other amendments that are not classified as
major amendments.
C. Text Amendments. An application to amend the text of the general plan. These will
be major amendments.
Section 3 — Processing of General Plan Amendment Submittals
The decision to process an amendment to the general plan may be accomplished by one
of the following methods:
* For major amendments, a majority vote of the City Council.
* For minor amendments, the Director of Community Development shall process all
completed applications.
A. Pre-application Review Process—All Proposed Amendments
Prior to filing an application for a general plan amendment, the applicant will meet
with the Director of Community Development, or his or her designee, to informally
discuss the proposed amendment.This stage allows the applicant the opportunity to
am receive informal guidance, address possible conflicts when they can be easily
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resolved, establish tentative meeting schedules and simplify the process to reduce
delays.
B. Major Land Use Map Amendments. Applications for major amendments to the
general plan will be accepted by the Director of Community Development. Upon
the initial review of the application, and determination being made by the Director of
Community Development that the general plan amendment is a major amendment,
the Director shall prepare a staff report to the Council within ninety(90)days of the
submittal of the application. The Director of Community Development shall present
the application for the amendment to the General Plan, along with any other
submittal and any conceptual plans submitted therein, for the Council's
consideration. The Council shall give direction to the Director of Community
Development on whether the Council desires that the general plan amendment be
processed. If the Council directs the processing of the general plan amendment,
the Director of Community Development shall determine if the application is
complete. Fully completed applications for major general plan amendments shall
be processed in accordance with state law and this policy, after the applicant has
entered into an advancement of funds and/or reimbursement agreement with the
City to cover all costs associated with processing the application.
If the Council directs the Director of Community Development not to process the
application, then the application shall be deemed denied, and no further action shall
�r.. be taken by staff on the application.
C. Minor Land Use Map Amendments. Fully completed applications for minor
amendments will be accepted and processed in accordance with this policy, at any
time during the year.
D. Text and Map Amendments. Application for a text and/or map amendment to the
general plan shall be made to the Director of Community Development on a
standard form provided for this purpose.
The application for any Text and Map Amendment shall include:
1. The applicant's name, address, and interest in the amendment;
2. The language of the proposed amendment to the general plan; and
3. Statements in support of the application, including a list of the present
conditions justifying the proposed amendment.
Section 4—Additional Information
Additional information may be requested from the applicant, which will be considered in
evaluating proposed amendment requests. The following additional information should be
Now provided:
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aw A. A description of any special features shown on the required map.
B. Any special general plan policies being proposed by the applicant to perhaps
mitigate impacts on special site features or address concerns of adjacent property
owners.
C. Any information regarding the proposed amendment, such as its effect on special
site features or surrounding areas or other information, the applicant feels is
important when considering the request.
D. Statements reflecting the present conditions justifying the proposed amendment;
statements showing that the parcel fulfills the criteria for establishment of the
proposed district or, in the absence of the ability to comply, statements as to why the
presumption against the amendment should be overcome; and any other factors or
reasons in support of the proposed amendments.
Section 5—General Plan Amendment Review Processing Options
Council may require the following:
A. Neighborhood Meetings. To help facilitate open citizen participation in the review
process of general plan amendments, the applicant may be required to hold a
aw neighborhood meeting. The purpose of the meeting for the neighborhood potentially
impacted by the proposed amendment is for the general plan amendment to be
presented to citizens of the area neighborhoods and for the citizens to identify, list,
and discuss issues related to the amendment. Working with the applicant, the
citizens can seek solutions for the issues they identify. Neighborhood meetings are
to be held subsequent to the pre-application meeting and prior to submittal of the
application so the citizens can express their views before time and effort have been
expended by the applicant on the formal submittal. At the neighborhood meeting
stage, the applicant should attempt to resolve as many issues as possible before
submitting the formal application.
The applicant is responsible for organizing, scheduling, and supplying all materials
for the neighborhood meeting. The applicant will provide to the City information on
the meeting date, time, location, and purpose of the meeting at least 15 days prior to
the meeting. The applicant shall notify all property owners and residents within 500
feet of the exterior boundaries of the project and all homeowner associations within
1,000 feet of the project. A written summary of the meeting shall be prepared by the
applicant and submitted with the application.
B. Study Session. The study session is an informative meeting where staff presents the
basic facts of the amendment request to the commission. At this time, staff does
not make approval or denial recommendations but may recommend expansion of
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notification areas. Staff may also introduce other relevant information to the
commission such as: consistency with general plan policy objectives and existing
general plan policies; potential impacts on floodplain, steep slopes, and wildlife
habitat; transportation and wastewater treatment facilities; existing neighborhoods
and development; build-out potential and urban form; accessibility to activity centers
and emergency services; and cumulative impacts of proposed amendments.
Section 6—Severability
This policy is consistent with and supplements the amendment process set forth in General
Plan p. II-51 et. seq. In the event that any terms in this Policy are not consistent with the
City's General Plan, the policies and goals of the General Plan control. In the event that
any section or term of this Policy is held invalid or unconstitutional by a California or
Federal Court of competent jurisdiction, such portions shall be deemed separate, distinct
and independent provisions, and the invalidity of such provisions shall not affect the validity
of the remaining portions thereof.
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