HomeMy WebLinkAboutRES 92-54RESOLUTION NO. 92- 54
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 WITHIN THIRTY
(30) MONTHS OF INCORPORATION
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 has developed a comprehensive
General Plan for the physical development of the City.
This plan, which was developed in accordance to State
law, sets 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 has held approximately 54 public
meetings in relation to the General Plan from September
1989 through July 14; 1992.
(v) Citizen participation has been 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 have been held by GPAC thus
far. Input received as a result of these meetings has
been instrumental in the development of the General
Plan.
(vi) The Planning Commission of the City of Diamond Bar has —
conducted several 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 a duly noticed public hearing, 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 this filing has resulted in the suspension of
the General Plan and its constituent elements.
(ix) 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 one-year extension of time for the
adoption of the General Plan:
a) In accordance with Section 65361(a)(6) of the
Government Code, the City finds that due to
extenuating circumstances the effective date of
General Plan has been suspended 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.
b) In accordance with Section 65361 (3)(f) of the
Government Code, the City finds that in spite of
previous extensions of time, the City has exper-
ienced an unusual circumstance which requires an
additional extension of time to satisfy the re-
quirements of Section 65360 of the Government Code.
(x) On September 1, 1992, 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.
(xii) 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(f) of
the Government Code and requires no further
environmental review.
(xiii) 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:
I, 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 one year to
resoive 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 one-
year extension.
PASSED, APPROVED, AND ADOPTED this 1st day of Sept,, 1992.
Vor
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 1st day of Nov , 1992 by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Forbing, Miller, Werner,
Mayor Pro Tem Papen,Mayor Kim
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
4 _
ATTEST:
Tommye 14ice, Iep, " E Clerk
City -9f Di&m0Tx. 4,w