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Home My WebLink AboutRES 94-47RESOLUTION NO. 94-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTIONG AN EXTENSION OF TIME, PURSUANT TO SECTIOW 65361 OF THE CALIFORKIA GOVERMENT CODY60 FOR THE ADOPTION OF A CITY GENERAL PLAN. A. Recitals 1. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. 2. Section 65360 of the California Government Code allows newly incorporated cities thirty (30) months to adopt a general plan following incorporation. 3. At a duly noticed public hearing held on September 17, 1991, the City Council of the City of Diamond Bar adopted Resolution No. 91-61 requesting an extension of time, pursuant to Section 65631 of the California Government Code, for the adoption of the General Plan. On February 7, 1992, the State of California Office of Planning- and Research granted the City a six-month extension of time, which expired on August 5, 1992, to complete the General Plan. 4. 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 the 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, and Conservation and an 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. 5. Citizen participation was provided through the formation of a General Plan Citizen Advisory Committee (GPAC) 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. 6. 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, 1 September 23, April 13, April 20, April 27, May 4. May 11, May 18, May 21, May 26, May 28, June 1, and June 8, 1992. 7. 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 tet.5Llmcr: ,y was received with respect to all elements of the PINn, and con0 sided said hearings on July 14, 1992- In the course of sadd 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 City Commissions. On July 14, 1992 the City Council approved Resolution No. 92-44, adopting a General Plan for the City of Diamond Bar. 8. 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. 9. On March -16, 1993, the City Council adopted Resolution No. 93-15, rescinding Resolution No. 92-44, pursuant to Election Code Sections 4051 and 4055. 10. 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, and Conservation 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. 11. Citizen participation was provided through the formation of a public workshop process designed to review and develop the General Plan. A total of five public meetings were held. Input received as a result of these meetings was instrumental in the development of the second General Plan. 12. 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. 2 13. The City Council of the city of Diamond Bar conducted 11 duly noticed public hearings, whereby public testimony was received with respect to all 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 wr:i.tten and oral testimony from members of the geklvilxal pulsli6, affected governmental agencies, private industry, consultants, City staff, and City Commissions. On July 27, 1993, the City Council approved Resolution No. 93-•58 adopting the second General Plan for the City of Diamond Bar. 14. On August 26, 1993, a petition protesting the adoption of the second 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 the filing resulted in the suspension of the second General Plan and its constituent elements. 15. 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. .-� 16. On December 14, 1993, the City Council directed the creation of a new General Plan and appointed a citizen based General Plan Advisory Committee (GPAC) to develop the new document. 17. At a duly noticed public hearing held on January 18, 1994, the City Council of the City of Diamond Bar adopted Resolution No. 94-01 requesting an extension of time pursuant to Section 65361 of the California Government Code, for the adoption of the General Plan. On January 31, 1994, the State of California Office of Planning and Research granted the ,City a nine-month extension of time, which expires on October 31, 1994, to complete the General Plan. 18. Citizen participation for review and development of the new draft General Plan was provided through the Council appointed GPAC which conducted a total of 15 public meetings from January 1994 through June 1994. Input received as a result of these meetings was instrumental in the development of new draft General Plan. 19. The Planning Commission of the City of Diamond Bar conducted duly notice public hearings on the following dates: July 11, July 16, July 18, July 25, August 1, August 8, August 15, August 23, August 30, September 12, September 22, September 26, September 27, 1994, and is continuing to conduct public hearings. The Planning Commission has reviewed the following elements: Public Services and Facilities, Public Health and Safety, — Resource Management, Housing, and Circulation. Currently, the Commission is in the process of reviewing the one remaining clement -• Land Use. 20. 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 three-month extension of time for the adoption of a General Plan. a. In accordance with Section 65361 (a) (4) of the California Government Code, 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 15 GPAC public meetings and 13 Planning Commission public hearings, to date. City Council public hearings will provide further public opportunity for input prior to adopting of the General Plan. b. In accordance with Section 65361 (a) (6) of the - California 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 Inds that in spite.of previous extensions of time, '::he City has experienced unusual circumL-ances which requires an additional extension of time to satisfy the requirements of Section 65360 of the California Government Code. 21. The City of Diamond Bar City Council finds that in accordance with the California Environmental Quality Act, the approval of an extension of time, for the adoption of the General Plan, is exempt under Section 65361 (g) of the Government Code and requires no further environmental review. 22. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspaper's on September 23, 1994. 23. All prerequisites to the adoption of this resolution _ have occurred. 4 B. Resolution NOW, THEREFORE, it is 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 a three-month extension of time to resolve issues and concerns relating to the adoption of the 1994 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 three-month extension of time. PASSED, APPROVED, AND ADOPTEDjTHIS AT.H DAY OF OCTOBER, 1994- 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 4h day of October. 1994 by the following roll call vote: Ayes: Council Members: Papen., Ansari, Miller, MPT/Harmony and M/Werner Noes: Council Members: None Absent: Council Members: None Abstained: Council Members: None ATTEST: 4&yStsrgessy`VCy Clerk City- of DJ amond --Lar. 5