Loading...
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. Resolution No. 2007-013 City of Atascadero Page 2 of 6 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 Resolution No. 2007-013 City of Atascadero Page 3of6 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 Resolution No. 2007-013 City of Atascadero Page 4 of 6 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: Resolution No. 2007-013 City of Atascadero Page 5 of 6 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 Resolution No. 2007-013 City of Atascadero Page 6 of 6 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. woo OW