HomeMy WebLinkAboutRES 94-01RESOLUTION NO. 94-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, REQUESTING AN
EXTENSION OF TIME, PURSUANT TO SECTION 65361
OF THE CALIFORNIA GOVERNMENT CODE, FOR THE
ADOPTION OF A CITY GENERAL PLAN.
A. RECITALS
(i) On April 17, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation
of the State of California.
(ii) Section 65360 of the California Government Code allows
newly incorporated cities thirty (30) months to adopt
a general plan following incorporation.
(iii) At a duly noticed public hearing held on September 17,
1991, the City Council of the City of Diamond Bar
adopted Resolution 91-61 requesting an extension of
time, pursuant to Section 65361 of the California
Government Code, for the adoption of the General Plan.
On February 7, 1992 the Office of Planning and Research
granted the City a six-month extension, which expired
on August 5, 1992, to complete the General Plan.
(iv) The City of Diamond Bar then developed a comprehensive
General Plan for the physical development of the City.
That plan, which was developed in accordance to State
law, set forth the City's developmental policies,
objectives and standards as well as the constituent
elements of Land Use, Circulation, Housing, Safety,
Noise, Open Space, Conservation Elements, and a
Environmental Impact Report for these elements. The
City of Diamond Bar held approximately 54 public
meetings in relation to that General Plan from
September 1989 through July 14, 1992.
(v) Citizen participation was provided through the
formation of a General Plan Citizen Advisory Committee
assigned to review and develop the General Plan. A
total of 37 public meetings were held by GPAC. Input
received as a result of these meetings was instrumental
in the development of that General Plan.
(vi) The Planning Commission of the City of Diamond Bar
conducted duly noticed study sessions on July 22,
August 26, 1991, to consider and receive public
testimony on the draft General Plan. The Planning
Commission conducted duly noticed public hearings, on
September 9, and September 23, 1991 and on April 13,
April 20, April 27, May, 4, May 11, May 18, May 21, May
26, May 28, June 1 and June 8, 1992.
(vii) On June 9, June 16, June 23, June 30, July 7, and July
14, 1992, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing, whereby public
testimony was received with respect to all
plans/elements of the General Plan, and concluded said
hearings on July 14, 1992. In the course of said
public hearings, the City Council received and
deliberated upon written and oral testimony from
members of the general public, affected governmental
agencies, private industry, consultants, City staff,
and Commissions of the City. On July 14, 1992, the
City Council approved Resolution 92-44, adopting a
General Plan for the City of Diamond Bar.
(viii) On August 10, 1992, a petition protesting the adoption
of the General Plan was submitted to the City Clerk of
the City of Diamond Bar. The City Clerk conducted a
preliminary review of the petition pursuant to Section
4053 of the California Elections Code and on August 19,
1992 said petition was filed with the Los Angeles
County Registrar of Voters office for examination. The
effect of that filing resulted in the suspension of
that General Plan and its constituent elements.
(ix) On March 16, 1993, the City Council adopted Resolution
No. 93-15, rescinding Resolution No. 92-44, pursuant to
Elections Code Sections 4051 and 4055.
(x) The City of Diamond Bar then developed another
comprehensive General Plan for the physical development
of the City. That plan which was developed in
accordance to State law, set forth the City's
developmental policies, objectives and standards as
well as the constituent elements of Land Use,
Circulation, Housing, Safety, Noise, Open Space,
Conservation Elements, and an Environmental Impact
Report for these elements. The City of Diamond Bar
held approximately 16 public meetings in relation to
that General Plan, from April 21, 1993 through July 27,
1993.
(xi) Citizen participation was provided through the
formation of a public workshop process designed to
review and develop the General Plan. A total of 5
public meetings were held. Input received as a result
of these meetings was instrumental in the development
of the second General Plan.
_ (xii) The Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on June 28,
1993, to consider and receive public testimony on the
draft General Plan.
(xiii) The City Council of the City of Diamond Bar conducted
it duly noticed public hearings, whereby public
testimony was received with respect to all
plans/elements of the General Plan, and concluded said
hearings on July 27, 1993. In the course of said
public hearings, the City Council received and
deliberated upon written and oral testimony from
members of the general public, affected governmental
agencies, private industry, consultants, City staff,
and Commissions of the City. On July 27, 1993, the
City Council approved Resolution 93-58, adopting the
second General Plan for the City of Diamond Bar.
(xiv)
On August 26, 1993, a petition protesting the adoption
of the General Plan was submitted to the City Clerk of
the City of Diamond Bar. The City Clerk conducted a
preliminary review of the petition pursuant to Section
4053 of the California Elections Code and on November
17, 1993, said petition was filed with the Los Angeles
County Registrar of Voters office for examination. The
effect of that filing resulted in the suspension of the
second General Plan and its constituent elements.
(xv)
On December 14, 1993, the City Council adopted its
Resolution No. 93-80, rescinding Resolution No. 93-58,
pursuant to Elections Code Sections 4051 and 4055.
(xvi)
Despite the City's diligent efforts to adopt a General
Plan in accordance to State law, the City Council
hereby makes the following findings to justify a
request for a 150 day extension of time for the
adoption of a General Plan.
a) In accordance with Section 65361(a)(4), local
review procedures require an extended public review
process which has resulted in delaying the decision
by the legislative body. The City Council has
directed the preparation of a new General Plan to
be based upon information received as a result of
4-6 General Plan Advisory Committee meetings.
Planning Commission and City Council meetings will
provide further public opportunity for input prior
to adoption upon the conclusion of GPAC efforts.
b) In accordance with Section 65361(a)(6) of the
Government Code, the City finds that due to
extenuating circumstances the effective date of the
General Plan has been suspended twice pursuant to
Section 4051 of the California Elections Code thus
resulting in an extension of time request to
resolve issues and concerns relating to the
adoption of the General Plan. The City finds that
in spite of previous extensions of time, the city
has experienced unusual circumstances which
requires an additional extension of time to satisfy
the requirements of Section 65360 of the Government
Code.
(xvii) The City Council has appointed a second General Plan
Advisory Committee, which held its initial public
meeting on January 11, 1994. The Council has directed
this Committee to meet until acceptable revisions to
the last plan are drawn. The Council's time line has
been set as ninety days from January 4, 1994, to
complete the draft of the third General Plan.
(xviii)On January 18, 1994, the City Council of the City of
Diamond Bar conducted a duly noticed public hearing
with respect to this request for an extension of time,
and concluded said hearing on that date.
(xix) The City of Diamond Bar City Council finds that in
accordance with the California Environmental Quality
Act, the approval of a time extension for the adoption
of the General Plan is exempt under section 65361(g) of
the Government Code and requires no further
environmental review.
(xx) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is hereby found, determined and resolved
by the City Council of the City of Diamond Bar as follows:
1. The City Council hereby approves a request for an
extension of time, and directs staff to prepare an
application to the State of California Office of Planning
and Research requesting an extension of five months to
resolve issues and concerns relating to the adoption of
the General Plan.
2. The City Clerk shall certify the adoption of this
Resolution and shall forward a copy of this resolution to
the Director of Planning and Research of the State of
California as part of the City's application for a five-
month extension.
PASSED, APPROVED, AND ADOPTED this 18th day of Jan., 1994.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do
hereby certify that the foregoing Resolution was passed, approved
and adopted at the regular meeting of the City Council of the City
of Diamond Bar held on 18th day of January-, 1994 by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: MPT/Harmony, Ansari,
Miller and Mayor Werner
NOES: COUNCIL MEMBERS: Papen
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Yt^Burgess, ;Ci Clerk
City of Diamond Bar