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HomeMy WebLinkAboutAGENDA REPORT 2001 1017 CC REG ITEM 10DrrEm / o ` J- of ACT 10 D1 rte,&d. ai&9F..i6a_4L104- 16.5 es MOORPARK CITY COUNCILS -._ AGENDA REPORT To: The Honorable City Council From: Wayne Loftus, Director of Community Development�je Date: October 8, 2001 (CC Meeting of 10/17/01) Subject: Consider Modification of the General Plan Amendment Pre - Screening Procedure Concerning Projects That May Have Potential Minor Effect on Land Use and Development Patterns. BACKGROUND On September 19, 2001, Mayor Pro Tem Harper requested that staff review the General Plan Amendment Pre - Screening process pertaining to smaller projects, in an effort to minimize the cost and effort required to receive a decision from the City Council granting authority to submit a General Plan Amendment application. The current application procedure which requires a variety of studies and information from applicants proposing to amend the Land Use Element of the General Plan, requires the same documentation for all projects regardless of their size or potential effect on existing development patterns. On September 21 1998, the City Council considered a report from staff related to establishing a General Plan Amendment Screening process. Council referred the matter to the Affordable Housing /Community Development Committee for review and recommendation back to the City Council. The Affordable Housing /Community Development Committee subsequently recommended to the City Council the adoption of a more formal and structured process than that which existed at the time. The City Council subsequently adopted Resolution No. 99 -1578 on March 3, 1999, approving the new General Plan Amendment Pre - screening process and rescinding the prior procedure. The initial discussions and key points of the report for the Council meeting of March 3 related to impacts on the General Plan process, established guidelines, and review of the project's preliminary plans. Consideration of significant technical information at the pre - screening level was S: \Community Development \Everyone \City Council Agenda Reports \cc - 101701 stf rpt.GPA PreScreening Procedure.d2.100801.doc tF0 00ta� The Honorable City Council General Plan Amendment Pre - Screening Procedure October 17, 2001 Page 2 not a City Council stated objective at the time but was included in the procedure and instructions. Also, consideration was given by the Affordable Housing /Community Development Committee to structuring the procedure to create a "beauty contest," however, the emphasis remained on factual material to provide for a more objective analysis. As noted by the attached General Plan Amendment Pre - Application Review form, considerable information of a technical and complex nature, such as geologic and soil reports, biological and hydrology studies, and circulation /traffic studies, are required for an initial recommendation to City Council. This information which is reviewed by the Affordable Housing /Community Development Committee and staff may add expense to this phase of decision - making, however it does respond to frequently asked questions. Other aspects of the process, related to filing time and concept plans, are not an issue. The current processing deposit for a Pre - Application Review is $1760 + $7.50 per acre. DISCUSSION The 1999 modification in the pre - application process to consider Amendment of the General Plan, primarily related to concern over changes that were not coordinated or fully understood as to their affect on the community. Because the General Plan has not been comprehensively updated since 1992, there has been concern that piecemeal and uncoordinated changes to the Land Use Element may not yield a desired outcome. While this concern is valid, the modifications to the process in 1999 were intended to provide for information of a technical nature, as well as, with timing of requests and site plan detail. Insuring that detailed information is provided for decision - makers is important, however more detailed information such as drainage, soils, etc. could be deferred until an application for an amendment is authorized. Decision - making at the initial screening relates to authorizing submittal of an application not to the appropriateness of actually amending the plan as proposed. Requiring the technical information with the actual General Plan Amendment request would in most cases be timely enough to insure adequate knowledge for decision - making. However, the submittal of minimal information concerning a proposed General Plan Amendment was a concern that initiated the modifications adopted in 1999. The current standards and information requirements for General Plan Amendment Pre - Application Review approved by the Affordable Housing /Community Development Committee and the City Council in S: \Community Development \Everyone \City Council Agenda Reports \cc - 101701 stf rpt.GPA Prescreening Procedure.d2.100801.doc The Honorable City Council General Plan Amendment Pre - Screening Procedure October 17, 2001 Page 3 1999 have been followed through submittal of several applications involving larger projects. The potential application for a 3 -4 acre project should be evaluated under the same criteria as a 10 -20 acre project, although the potential effects from a 3 -4 acre project may not be as great. If the Council concludes to modify the criteria for consideration of smaller projects, the same standards should be applied to larger projects where the initial costs of gathering information are proportionately just as expensive as those for smaller projects. Should the Council conclude that the technical information currently required for a General Plan Amendment Pre - Application Review is not necessary for the intended level of decision making, staff should be directed to modify the "application form" to eliminate the requirements for the technical information concerning: • Hydrology or Drainage Study • Comprehensive Biological Study • Geologic and Soils Reports • Circulation /Traffic Study Modification of City Council Resolution No. 99 -1578 is not required to modify the application instructions noted above. STAFF RECOMMENDATION 1. Direct staff as deemed appropriate. Attachments: 1. City Council Agenda Report, dated 2/18/99. 2. City Council Resolution No. 99 -1578. 3. General Plan Amendment Pre - Application Review form. S: \Community Development \Everyone \City Council Agenda Reports \cc - 101701 stf rpt.GPA Prescreening Procedure.d2.100801.doc v�- iii. -��- �L�Pz, /' A"'3_76 CITY OF MOORPARK AGENDA REPORT TO: Honorable City Council FROM: Nelson Miller, Director of Community Development Prepared By: John Libiez, Principal Planner DATE: February 18, 1999 (For Meeting of March 3,1999) SUBJECT: CONSIDER GENERAL PLAN AMENDMENT PRE - SCREENING PROCESS BACKGROUND: On September 2, 1998, City Council considered a report from staff related to the General Plan Amendment Screening process. Council referred the matter to the Affordable Housing /Community Development Committee for further recommendations. DISCUSSION• The Committee reviewed this item on January 27, 1999, and requested staff to prepare final procedures for the review and approval of General Plan Amendment Pre - screening requests that incorporated the following key points: 1)Establish two review cycles /periods per year; 2)Establish deadlines for application submittals for review cycles; 3) Provide for review by the Affordable Housing /Community Development Committee and City. Council; 4) Consolidates all applications received for simultaneous consideration 5)Requires Affordable Housing /Community Development Committee to report on each application and forward the consolidated cycle period applications as one package to City Council; 6)Requires there be a Hearing with public notice before the City Council; 7)Requires that Pre - screening applications be accompanied by preliminary project plans, particularly site plan and development plan; 8)Requires all applications to be evaluated for consistency with General Plan standards, such as hillside management; 9) Advises applicants that Affordable Housing /Community Development Committee would intend to review applications over a sixty day period. M:\ JLibiez\ M\ 3399stfrptccgpapreappsprocess .doc ATTACHMENT General Plan Amendment Pre - applications March 3, 1999 Page 2 The final draft procedures, recommended by the Affordable Housing /Community Development Committee, are attached to a draft resolution (Resolution No. 99- ) for City Council consideration. The revised process would require significantly more information, analysis, processing and public hearings than the current process and therefore a revised fee and submittal requirements would be appropriate. STAFF RECOMMENDATIONS: 1) Adopt Resolution 99- to rescind the previously adopted process contained in Resolution No. 94 -1055, and to adopt the new procedures attached to Resolution 99- as Exhibit " A" . (Attachment 1) 2) Direct staff to prepare a resolution amending the fee schedule for adoption of a new fee for General Plan Amendment Pre - screening applications, and to prepare application materials for the revised process. Attachment: 1. Resolution No. 99- , with attached Exhibit "A ": General Plan Amendment Pre- screening application Review Process RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 94 -1055, AND ADOPTING NEW GUIDELINES FOR THE SCREENING OF GENERAL PLAN AMENDMENT REQUESTS WHEREAS, Resolution No. 94 -1055 established guidelines for the screening of General Plan Amendments; and, WHEREAS, the City Council has determined that Resolution 94 -1055 should be rescinded; and, WHEREAS, Government Code Section 65300 directs adoption of a comprehensive, long term General Plan for the physical development of the City, and any land outside its boundaries which in the planning agency's judgement bears relation to its planning; and, WHEREAS, Government Code Section 65358 provides for the amendment of the General Plan; and, WHEREAS, the City Council deems it desirable to establish a procedure for the pre- application review of General Plan Amendments, and to determine, based upon adopted criteria, those requests for General Plan Amendment which the City will accept as formal General Plan Amendment applications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. its entirety. Resolution 94 -1055 is hereby rescinded in SECTION 2. The City Council hereby adopts the administrative procedure set forth in Exhibit "A ", attached hereto and incorporated by reference, as the procedure for the processing, review, and determination of General Plan Pre - application Review requests received by the City of Moorpark. SECTION 3. The City Council hereby declares that General Plan Pre - application Reviews shall be subject to real time cost accounting practices of the City and shall be subject to fees and charges as established within Resolution No. 99- , ATTACHMENT 1 Moorpark City Council Resolution 99- General Plan Amendment Pre - Applications Page 2 SECTION 4. The City Clerk shall certify to the adoption of this resolution, and shall cause a certified resolution to be filed in the book of original resolutions. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF March, 1999. Mayor of the City of Moorpark ATTEST: Deborah S. Traffenstedt City Clerk ATTACHMENT: Exibit A: General Plan Amendment Pre - Application Review Procedure RESOLUTION NO. 99 -1578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 94 -1055, AND ADOPTING NEW GUIDELINES FOR THE SCREENING OF GENERAL PLAN AMENDMENT REQUESTS WHEREAS, Resolution No. 94 -1055 established guidelines for the screening of General Plan Amendments; and, WHEREAS, the City Council has determined that Resolution 94 -1055 should be rescinded; and, WHEREAS, Government Code Section 65300 directs adoption of a comprehensive, long term General Plan for the physical development of the City, and any land outside its boundaries which in the planning agency's judgment bears relation to its planning; and WHEREAS, Government Code Section 65358 provides for the amendment of the General Plan; and WHEREAS, the City Council deems it desirable to establish a procedure for the pre- screening review of General Plan Amendments, and to determine, based upon adopted criteria, those requests for General Plan Amendment which the City will accept as formal General Plan Amendment applications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. its entirety. Resolution 94 -1055 is hereby rescinded in SECTION 2. The City Council hereby adopts the administrative procedure set forth in Exhibit "A ", attached hereto and incorporated by reference, as the procedure for the processing, review, and determination of General Plan Pre- screening Review requests received by the City of Moorpark. SECTION 3. The City Council hereby declares that General Plan Pre - screening reviews shall be subject to full cost accounting practices of the City and shall be subject to deposits, fees and charges as established by City resolution. ATTACHMENT Resolution No. 99 -1578 Page 2 SECTION 4. The City Clerk shall certify to the adoption of this resolution, and shall cause a certified resolution to be filed in the book of original resolutions. PASSED, APPROVED, AND ADOPTED ATTEST: Deborah S. Traffenstedt City Clerk 17th DAY OF March, 1999. ter, Mayor ATTACHMENT: Exibit A: General Plan Amendment Pre - screening Review Procedure Resolution No. 99 -1578 Page 3 CITY OF MOORPARK GENERAL PLAN AMENDMENT PRE — SCREENING PROCEDURE cot&#Aa7r OzyzLopmzN? DEPARTmDm, cIS! or MOORPARK, 799 IOORPARK PD., lOORPARK, CALIFORNIA, 93021 PURPOSE: To provide a process that property owners, or their agents, may use to present information to the City Council related to proposals for changes in land use designations on property under the applicants, control. SUBMISSIONS: A General Plan Pre - Screening application is submitted to the City on the forms and with the prescribed deposits and exhibits to support the application. Any application submitted without appropriate deposits or required attachments will be considered incomplete and will not be scheduled for review until proper and complete documentation is received. An incomplete submittal will cause the application to be postponed until the next cycle. Attachments to the application shall include a site plan, grading analysis, diagrams to define current and proposed General Plan and zoning designations, and any draft diagrammatic or textual changes to existing General Plan Elements or Specific Plans affected by the application. Applications and information materials may be obtained from the Community Development Department, Moorpark City Hall, 799 Moorpark Ave. Moorpark, California, 93021. Completed applications must be submitted to the Community Development Department. APPLICATIONS: Two application review periods are provided each calendar year for which General Plan Pre - screening Reviews may be submitted. APPLICATION DUE DATES: Cycle 1 complete applications must be filed not later than November 30 preceding the review cycle. Cycle 2 complete applications must be filed not later than May 30 preceding the review cycle. APPLICATION REVIEW HEARINGS: All complete applications for General Plan Pre - Screening shall be reviewed by the Affordable Housing /Community Development Committee who shall provide a recommendation to the City Council. The City Council shall conduct a Public Hearing on each application and shall make a determination to approve or deny the filing of a formal General Plan Amendment. FW14 lay II Resolution No. 99 -1578 Page 4 GENERAL PLAN PRE - SCREENING APPLICATIONS PAGE 2 APPLICATION HEARING SCHEDULE: ACTION CYCLE 1 CYCLE 2 Application Deadline November 30 May 30th Community Development January Meeting(1) July Meeting(1) Committee Review City Council Public March to May, September to Hearing Depending on November, Depending Committee Review on Committee Review (1) The Affordable Housing /Community Development Committee may take up to 60 days to complete review and recommendations. APPLICATION DECISIONS: AFFORDABLE HOUSING /COMMUNITY DEVELOPMENT COMMITTEE; The Affordable Housing /Community Development Committee will review the application and supporting materials. The Committee shall make a recommendation to the City Council and identify any issues and concerns regarding the request that the City Council may wish to consider in its deliberations. All applications filed for any cycle shall be scheduled for hearing before the Affordable Housing /Community Development Committee on the same date within the cycle review period. The Committee may review these items over a sixty period. The Committee shall present a recommendation to the City Council on all pre- screening applications it reviews. In developing a recommendation the Committee shall determine the extent to which each application conforms to adopted General Plan element goals and policies for each element upon which the pre- screening application may have an effect. In developing a recommendation, the Committee shall use the same criteria which the City Council shall utilize in reaching its decision. The Committee may recommend approval, denial, or modifications to the pre- screening request the Committee feels shall be necessary to insure compatibility with adjacent uses and in such a way as may implement General Plan goals and policies. The report of the Committee to the City Council shall present findings in support of the recommendation for City Council consideration. v Resolution No. 99 -1578 Page 5 GENERAL PL:.N PRE - SCREENING APPLICATIONS PAGE 3 CITY COUNCIL: City Council shall conduct a noticed Public Hearing on each General Plan Amendment Pre - screening application. After the close of the review item, City Council will provide the applicant with a determination upon the General Plan Pre - screening Review request. Council will normally render one of the following decisions: APPROVAL - Approval means that the applicant is allowed to prepare and submit a formal application for General Plan Amendment to be reviewed and heard by the Planning Commission and City Council at a subsequent point in time. Council may prescribe additional considerations, materials, and /or studies to be included within the formal application as a condition to approving the pre- screening review. Approval of the pre - screening review is not an approval of the General Plan Amendment and does not guarantee or imply that approval of the formal application for General Plan Amendment will occur once filed. DENIAL- Denial of the pre- screening review means that no formal General Plan Amendment application for the project site will be accepted. Denial of any pre- screening shall disqualify the property from consideration for any additional General Plan Amendment application submittal for a period of one year from the denial date. - ACTIONS FOLLOWING DECISIONS: After the City Council has rendered its decision on a pre- screening review, the following actions will occur: APPROVAL- Applicant will be advised in writing of the decision of the City Council. Thereafter, applicant shall file the necessary forms, fees, environmental information and materials to complete a formal General Plan Amendment application with the Community Development Department. Additionally, an applicant shall be required to submit formal applications for a new specific plan, or amendments to an existing specific plan, and /or applications Resolution No. 99 -1578 Page 6 GENERAL PLAN PRE - SCREENING APPLICATIONS PAGE 4 for any change of zoning necessary to ensure consistency of the requested land use designations of the proposed General Plan Amendment. DENIAL- Applicant will be advised in writing of the decision of the Council and advised of the limitation on any further General Plan Amendment requests. A new pre- screening review submittal will be required for any subsequent filings as permitted by this procedure. CONTINUANCE- Applicant will be advised verbally at the pre- screening review of the date and time for continuance and the materials or requirements necessary to aid the Council in its final decision. Failure of the applicant to provide any required material or data may result in a denial at the appointed continuance hearing date. CRITERIA FOR DECISIONS ON PRE - SCREENING REVIEWS: In reaching a decision on any General Plan Pre - Screening Review, the following criteria, included but not limited to, will be used in making determinations. APPROVAL 1. Request demonstrates conformity with the adopted goals, policies and implementation strategies of the adopted General Plan. 2. Request provides potential for compatibility with existing and planned uses in the area. 3. Requests which facilitate a significant contribution to the provision of affordable housing. 4. Projects submitted by other public agencies which will enhance the public health and safety of the community. 5. The proposed amendment is in conformity with other City Council adopted policies. 6. The proposed amendment has the potential to provide, through the project approval process, public improvements, public services, public amenities, and /or financial contributions that the City Council determines to be of substantial public benefit to the community. U0G1(',L0.10 Resolution No. 99 -1578 Page 7 GENERAL PLAN PRE - SCREENING APPLICATIONS PAGE 5 DENIAL: 1. The request does not demonstrate or is in conflict with any of the criteria for approval. 2. Marked similarities between the application and previously considered requests denied within the last twelve months in the same general area, or on the same property or portion thereof. 3. Requests for intensification or densification within the boundary area of any project, specific plan or planned development approved less than one year prior to the application date. 4. Creation of an island of substantially higher urban density, inconsistent with the goals and policies of the General Plan, in an area of more rural character. 4. Requests which are incompatible with adjacent uses or - may induce conflict and /or other incompatibilities. 5. Requests clearly in conflict with any urban restriction limitations criteria adopted by local ordinance or initiative. 6. Requests that induce significant impacts upon viable agricultural uses or diminish prime agricultural lands. 7. Requests that significantly impact prime habitat areas for endangered, threatened or protected species. 8. When the request site is located in an area where the Council has initiated a General Plan Amendment, zone change, or land use study scheduled for a public hearing within the next twelve months. Resolution No. 99 -1578 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1578 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of March, 1999, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Evans, Harper, Rodgers, Wozniak WITNESS my hand and the official seal of said City this 19th day of May, 1999. Deborah S. Traffenste , City Clerk (seal) CITY OF MOORPARK GENERAL PLAN AMENDMENT PRE - APPLICATION REVIEW APPLICATION FEE: $1760.00 Deposit +$7.50 /acre DATE SUBINUTTED: APPLICANT PROPERTY O«'NER: Telephone: (_) Telephone: (_j LEGAL DESCRIPTION: (Attach copy of grant deed(s) and comprehensive title report) LOCATION DESCRIPTION: (In simple words, tell where property is within the Citv) ASSESSOR PARCEL NUMBERS: REQUESTED AMENDMENT DESCRIPTION: (Describe exactly what amendments) you are requesting to be made. Example: Change land use designation from Low Density Residential to High Density Residential on a 6.8 acre parcel in order to create affordable housing units.) (Attach extra sheets as necessary) PROPERTY OWNER SIGNATURE: Dated: APPLICANT SIGNATURE: Dated: ATTACHMIENT3 110006C - 13 CITY OF MOORPARK GENERAL PLAN AMENDMENT PRE - APPLICATION REVIEW APPLICATION SUBMITTAL REQUIREMENTS: An application for a General Plan Amendment Pre - application Review shall be incomplete until all of the following items are furnished to the Community Development Department. ❑ Fee: $1760.00 deposit, + $7.50 /acre ❑ Completed Application form ❑ Reimbursement Agreement ❑ 25 copies of a location map ❑ 25 copies of the Assessor Map book Pages reflecting the property within a highlighted boundary. ❑ 25 copies of a plot plan drawn to scale (1 inch = 200 feet or greater) showing all existing or proposed development onsite, and within 1,000 feet of the property. ❑ 1 copy of each property deed for each parcel or lot within the request area.I copy of the comprehensive Title Report for all properties within the request area. ❑ 1 copy of the U.S.G.S. Quadrangle map with the property boundaries designated on the map. ❑ 1 copy of lease agreement/power of attorney /owner authorization to file when applicant is owner's representative. ❑ 1 copy of the followin.g technical reports current within 2 years - X Hydrology or drainage study X Comprehensive biological study X Geologic and soils reports X Circulation/Traffic study ❑ If property involves prime or unique agricultural lands, proof that any land contracts have been terminated with dates of expiration provided. ❑ 1 map drawn to scale displaying the existing General Plan designation of the requesting property and properties within 1,000 feet. ❑ 1 map drawn to scale showing the requested land use designation(s). ❑ 1 map drawn to scale showing existing zoning. ❑ 1 map drawn to scale showing future zoning. ❑ 1 copy of any textual changes proposed provided on a 3.5" floppy disk in Word 4.0 or higher format. One printed copy shall also be provided. ❑ 1 completed copy of an environmental questionnaire /initial study. ❑ One copy of a certified property owners list and labels for all properties within 1,000 feet. ❑ All diagrams, maps, and plot plans must be scaled and have a complete legend and north arrow on them. At least one clear Mylar or acetate reduction to fit on an 81/2 X 11 sheet shall be provided along with those referenced above. ❑ Any photos, slides, videos, films, or written and graphic materials submitted become the property of the City and will be placed in the application files. STAFF USE ONLY: Application Number: Received by: Account Control Code No. Date application complete: Tentative Hearing Date: CDDGPAPREAPP /399 000060-11